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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118073
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am paying mortgage on a condo in Maryland; I pay $200 a month

Customer Question

I am paying mortgage on a condo in Maryland; I pay $200 a month in association fees and have never missed a payment since I moved there in 1995. My condo was destroyed by fire on Dec 22, 2014. The association has a contract with a so-called restoration company that has not even started ruction of my condo after seven-plus months. I have tried to choose another contractor, but have been told that the current contractor has already been paid money in advance, that they have been paid for ordered materials, that the board would not issue me any funds until my designated contractor has completed the project and been inspected. Further, I was told any funds issued to me after my contractor completed the project would be considerably less (tens of thousands) after deductions to pay the current contractor for work done they have done no work) and materials already ordered. I have several contractors willing to start immediately. Meantime, I have been paying for rent in temporary housing and furniture rental since insurance coverage ran out in April, plus my mortgage and association fee. I have not heard from the property manager' office or the restoration contractor in several weeks. What are my options as a property owner?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your option is to sue the board, since they hired the contractor and paid him, and seek damages from them including rent you are paying for the contractor's breach of contract and negligence. Because you are bound under the association bylaws and covenants they forced you to use their contractor and as such they are liable for the contractor and non-performance.
I am afraid though that you will have to sue them as they are not responding to your demands.