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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55594
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I rent out a condo I own in a large building. It is a top floor

Customer Question

I rent out a condo I own in a large building. It is a top floor unit with leaks from the ceiling. This is the third tenant and the forth year with the water intrusion. Now the tenants refuse to sign a new lease for September first. What are can I do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
As a condo owner, you own everything inward from your interior walls, floors and ceilings. The roof is a common element. Common elements, unless your condo governing documents...CC&R's and Bylaws...specifically provide otherwise, are the responsibility of the association. So, this problem is a common element problem and thus it is the responsibility of the association to fix the problem and all damages caused by the problem.
The associations' board members serve at the pleasure of the owners and have a fiduciary duty to all owners. Part of that fiduciary duty is to maintain and repair any common areas owned and controlled by the HOA. So, send a letter to the board members by certified mail detailing the history and the problem and demand they repair the building. In the letter let them know that the failure to do so is likely to result in increased risk of loss to the building and your condo. Finally, inform them in the letter that if they do not cause the roof repairs to be satisfactorily made within a short specified period of time, you will have no choice but to file suit against the HOA and the individual board members. Let them know you will be seeking not only a court order mandating the repairs be made, but also punitive damages due to their either gross negligence or willful misconduct. You want to copy the HOA's insurance company on your letter because that will cause the insurance company to put added pressure on them to get this resolved quickly to avoid future losses and to continue to be able to obtain insurance on the building.
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