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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34464
Experience:  30 years of real estate practice experience.
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We own a condo in Wisconsin, with an HOA, since August of

Customer Question

We own a condo in Wisconsin, with an HOA, since August of 2014. We do not live in the condo full-time and use it as a rental for a few months of the year. In September of 2015, we discovered water seeping into our finished walkout basement from the ground. Over the course of a month, we reached out to our HOA by phone and email as this water was coming from a structural and common area drainage issue. We were assured that the problem would be repaired. Now, it is a year later, and we have reached out countless times. We have been told that they hired an engineer to assess (but, they would not share the engineer report with us). They have promised follow up and a timeline of repairs and then that never comes to us. Today, after multiple emails from us this week, we received a terse response that they may wait another year as they don't know if they will have it in the budget this year.
In the last year, as this has not been fixed and we are not always there, we now have rotten wood, black mold in the carpet and extensive staining. We are now at the point that we cannot rent the property as we get water every time it rains.
Do we have a course of action?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

If a structural defect in the common area is causing a seepage into your property or is diverting the natural flow of the water then you can and should sue the association for the repair and for the damage to your property. It is likely covered by their insurance.

The are responsible for the drainage or disruption of the natural flow.

Expert:  Loren replied 1 year ago.

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