Who is responsible for damage (drywall, paint, carpet) caused to individual units by a leak in the water system outside the units?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible for damage (drywall, paint, carpet) caused to individual units by a leak in the water system outside the units?
After several units complained, the property manager sent e-mail stating: ” a leaking plumbing expansion joint was discovered”.But she also wrote that the association is responsible for wall repair and priming, but not for painting. Sha also said that the association was not responsible for flooring.Does the law not consider the association responsible for ANY damage caused by a malfunction in the common area? Note that the association recognized its responsibility in the original problem.
Asked on June 2, 2009 under Real Estate Law, Illinois
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The answer to this is going to depend on the detailed facts of what happened, and on some of the "fine print" in your association documents. You need to get all of this to a good real estate attorney in your area. One place to find qualified lawyers is our website, http://attorneypages.com
Sometimes, it takes a lawsuit to force a homeowners' association to do the right thing -- and sometimes, it takes that lawsuit to determine just what "the right thing" actually is. But I think your case is well worth looking into, because it does seem that the association should be able to avoid responsibility for damages caused entirely by a common area problem.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.