How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I own a condo that was flooded out due to a water pipe break

Customer Question

Good afternoon. I own a condo that was flooded out due to a water pipe break in the unit above us on December 30, 2015. It was a common element pipe. There was damage to my unit and at the time i did not have homeowners insurance. Now the association wants to assess me in the amount of $10000 that it would take to repair my unit. This would include mold remediation and dry wall repair.
Now to complicate the matter back in August 2012 we were a victim of a similar situation of water intrusion in our unit. We are currently in litigation regarding this matter because there was absolute negligence by several parties in the handling of this incident.
Unfortunately the second flood overlapped the damage caused by the first flood and created even worse damage. In other words once we settle the first case the second flood will inadvertently be handled as well. Can they assess us during the ongoing litigation? We are the victims in both cases since neither intrusion was from our unit or caused by us. Please advise. Thank you.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

.

What is the $10,000 specifically for? are they fining you for not having homeowners insurance?

.

Is there a mandatory requirement to have it?

.

Do your Bylaws state the the HOA is responsible for common elements? (99.9% of the time they do)

.

I am not clear why they would be assessing you a charge for damages that were caused by a common element that is under their control and they are responsible for?

.

.

thanks

Barrister

Related Real Estate Law Questions