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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36558
Experience:  16 years real estate, Realtor. Landlord 26 years
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I;own a condominium in a condo associationcalled Royal

Customer Question

I;own a condominium in a condo associationcalled Royal Palms; I hd a bad toilet overflow & water leaked down into two units below me ; the Board has declared me responsible since it was my toilet( no claim of negligence -- in fact my toilet had a bad tank mechanism that failed to turn the water off during tank refill nevertheless the Board has indicated I will be billed on my association account for repairs to the other units not paying could result in a lien on my property, is this legal?
can I be held responsible? if not what can i do? (I am concerned about what else this board might decide to hold me responsible for; there was a hearing, in which when asked I indicated I intended to pay such charges when they come up on my account.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Do you Bylaws actually allow the Board to impose the costs on an owner who is responsible for damages to another unit instead of having the owner's of the other units pursue the owner who damaged their unit?
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Were there any common areas that were damaged due to the overflow?
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thanks
Barrister
Customer: replied 1 year ago.
I don't have the bylaws
(so i don't know about that
Customer: replied 1 year ago.
no common area was involved
Expert:  Barrister replied 1 year ago.
Ok, as a general rule, if one owner damages another owner's property, then that owner can sue the other owner for repairs. The Board can typically only come after an owner for a violation of the Bylaws or the CCRs that govern the Association or for damaging any common areas, like a lobby.
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So it would be very unusual for the Bylaws to give the Board to take action on behalf of a private owner of another property and try to add any damage costs onto your assessment.
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With that said, the other owners could simply sue you if you didn't have insurance to cover any damages to their units.
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But without knowing what your Bylaws say, there is no way to definitively state whether they can do this or not as the Bylaws and the CCRs are the "laws" that determine what the Board can do.
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So I would suggest that you get a copy of your Bylaws and see exactly what they have the authority to do.
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thanks
Barrister