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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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The association at River View Condo has first refused to pay

Customer Question

The association at River View Condo has first refused to pay for dry wall repair at a unit that was damaged from back up from the main drain line for A/C's. The unit damaged was on the bottom floor of a 3 story/unit condo. Now they are telling the co.(Servpro) that they can only put their storage pod in the unit owners parking spot for one day - after that they will charge $75.00 per day. There was extensive damage to the unit due to mold so painting and carpet laying has to be done. No way can this be done in a day or even a week. I was told by other unit owners there has been pods in pkg spaces for several weeks when a new owner was moving in this yr. Also there has been at least 3 emails sent to the association with questions ref the repair work, who is responsible for the main a/c drainange lines, etc. No answer was received. A phone call ref this last problem was done on this past Tuesday requesting an answer by today. Again, this call has not been returned. --Do we need a lawyer to settle this case and what is the cost?? Note, the unit owner is 83 and in ill health, this has only made his condition worse. I am trying to help as much as I can. ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for using JA. Since each state's laws are different can you tell me the state that you condo is situated in? As general rule the association/board is responsible for all damaged to the common areas that occur as a result of negligent maintaining the common areas. You stated the damages were caused by a drain. Is the drain a common area drain? Do you have a copy of your condo government documents. The documents should clearly set out the owners and HOA responsibility. Can you attach your governing documents?