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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6872
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Can a Unit Owner file a legal suit against the Association

Customer Question

Can a Unit Owner file a legal suit against the Association for a liability claim for damages
due to a leak around any window or door. The Condominium Documents say that all
windows and doors of the owner's unit are the responsibility of the Unit Owner.
Please reply to email ************
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. Based on what you stated above the owner would be responsible for the damages due to the leak unless the leak was caused by negligence of the HOA or damage to the a common area that the HOA failed to maintain? How was the leak caused and why do you feel the HOA would be responsible?

Expert:  Attyadvisor replied 1 year ago.

Can you tell me what caused the leak?

Expert:  Attyadvisor replied 1 year ago.

Please ignore the additional services request.

If the windows are not common area that is required to be maintained by the HOA and there has been no negligence on the part of the HOA to cause the leak this would be the owner's responsibility to repair.

I would be curious to hear the owner’s theory as to why this is the responsibility of the HOA.

Expert:  Attyadvisor replied 1 year ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.