Real Estate Law
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears that you may have two causes of action against two entities. The first is going to be for nuisance against the condo unit above you. A nuisance is a substantial in unreasonable interference with the use and enjoyment of one's land You may want to consider just writing a formal demand letter that they repair the matter immediately.. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.
The other cause of action is going to be for breach of contract against your HOA, if you have one. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, they are required to fix these kinds of issues within a reasonable time and if they don't they're breaching the contract that you have with them. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.
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