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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
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Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hi, I own a condo in Massachusetts. My specific bylaws

Resolved Question:

Hi,

I own a condo in Massachusetts. My specific bylaws state that owners are responsible for all repair to damage in their unit even if the source is another owner's unit. An exception to this is when a unit owner fails to make prompt repairs. I noticed a leak coming from the unit above me on 6.17 and immediately informed the Property Management Co. Because the unit owner failed to respond to the management company's mandatory request for updated info (ie, ph#) and their tenant ignored notes on car, phone, and door seeking the owner's ph #...repairs were not made for over 2 weeks...the damage worsened each time the tenant used the shower/bath.

Does this constitute negligence? failure to make prompt repair?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, James, my name is XXXXX XXXXX I will be glad to assist you,

 

By-Laws usually include that clause for two reasons.

 

(1) If the unit owner does not make repairs in a timely manner, the property management company can step in, have the necessary repairs done, then assess the costs of the repairs to that unit owner; and

 

(2) Prevents the unit owner whose property was damaged by the act, or failure to act by another unit owner, from looking to the HOA or the property management company to pay for and have the necessary repairs performed.

 

The clause to which you are referring was never meant to preclude a condo owner from seeking reimbursement from the individual who caused the damage. Therefore, you should inform the owner in writing that a water leak originating from his unit has caused damage to parts of your unit, and advising him to inform his homeowner's insurance company of this claim. His homeowner's insurance company will send an adjuster to look at the damage caused by their insured, and you will be issued a check by them to have the damage repaired,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

Customer: replied 1 year ago.

ok, thanks. aside from damaged property...am i entitled to seek any personal damages (ie..living for 4 weeks before repairs were made....this leak was in the bathtub and worsened with each shower/tub--so you can imagine how unsanitary it was/is).

 

what is most frustrating is they were finally aware of it on 7.2. Repairs weren't made until 7.23. i had to make multiple calls to the unit owner to get this resolved even AFTER they were aware.

 

in addition, i have had to miss some time at work (i'm in sales) to chase the owner down...a small problem became a huge problem...

 

 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, James,

 

I can only imagine the trouble you had to go to and the inconvenient and unsanitary nature of the problem, so I sincerely XXXXX XXXXX were able to tell you that you could be compensated for that, but I know his homeowner's insurance policy probably would not pay for the many inconveniences to which you were subjected. If you had stayed at a hotel because of the problem, his homeowner's policy would probably have paid that. The insurance companies deal in cold dollars and cents, they do not care about human inconvenience,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11877
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 2 other Real Estate Law Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

Dear XXXXX,

I see that you have had the opportunity to review my Answer. Is there anything that you would like me to clarify ? If not, please be kind enough to leave a positive rating so that I can receive credit for researching your question and furnishing you with Answers and information. The deposit you made is with JustAnswer and it will not cost you anything additional to leave a positive rating, but it is necessary for me to receive credit for assisting you. Thank you for understanding,

 

ANDREA

 



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Andrea, Esq.
Andrea, Esq.
Attorney
1169 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.