Condo damage from roof leaks--who's responsible for repairs?

17 years ago

This is not a repairs question per se, as I am pretty sure what needs to be done. Just thought I'd check to see if any of you have been in this situation, as we are getting the run-around from our property manager. We recently bought a condo that got a good inspection. Soon after purchase, though, while ripping out shelves in the basement and old carpet in the master bedroom, we discovered tons of mold, mushrooms, and rot from both new and old basement and roof leaks. (Both hidden by furniture and carpet during inspection.) The leaks were caused by the association failing to properly maintain the exterior. We do not have it in our budget to make these costly repairs on our own, so we are seeking recompense from those responsible. In our experience, the association should chip in--but this one claims condo associations are not responsible for anything in the interior, despite damage being caused by their negligence in exterior maintenance. So do any of you know, who's responsible for cost of repairs in this case: association, previous owner, or current owner? We want to avoid law suits if possible, but will go that route if we can find the $$ to engage a lawyer--the mold is making us sick and we are having to sleep in the office downstairs since our bedroom is unlivable!

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Comments (4)

highknitter
17 years ago
1 carefully review bylaws you received either at closing or when you put prop 'under contract'. there should be a section labeled " insurance" that spells out what the master policy covers and what the unitowner policy covers. each unit owner pays for both policies (ultimately) - so be sure you have the correct type of policy and the property limits and endorsements on your individual policy.
2 does your assoc have a prof mgt co or does the board of directions manage? once you know who manages you'll know who to speak w/
3 if you have mold and mushrooms, the leak(s) probably went on for a long time; long term leaks are typically not covered under a homeowners/condo policy--- so even if the association made an insurance claim they may not get $ to pay; perhaps they owe for the repairs from their savings/contingengy funds
4 the more I type & think, the more I see you needing an attorney; be sure you hire an attorney who has some knowledge of condo associations and unitowners
minibim
17 years ago
I agree, you are going to need a lawyer, if nothing else to be able to send some documented letters. At this point I would talk to no one else on the condo board and do everything in writing.

The condo is responsible, which is still ultimately you, whether they would assess everyone or make an insurance claim. Maybe you want to talk to some neighbors and see if anyone else has a problem and they don't realize it.

The damage was caused by an exterior problem, had the damaged been caused by say your toilet overflowing, you'd be responsible.
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You need to check your co-op bylaws and rules. There's usually something there about who is responsible for what with leaks--depending on where the leak is, the co-op could be responsible or the owner of the unit. The thing to know about water damage is that water runs along the path of least resistance. It also runs downhill. Frequently the first sign of trouble with bathroom plumbing is on the ceiling of the room below the bathroom. So it's not impossible that you had a leak that you never saw, and that the ceiling below your bathroom was damaged and needed to be repaired and repainted. If the leak was long-term, there may have been mold that needed to be treated. You need to get a neutral inspector in there to determine exactly where the leak is. Then you need to check the rules of the co-op and the laws of your state--those laws vary from state to state, so you need to seek guidance from someone familiar with your state's laws.
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Thanks all for the input. Most of these marks are divots, but there are some very obvious nail pops as well. And it's not just a few...we have counted at least 40 places throughout the house, in a house we do not intend to live in for more than 10 years. Obviously the damage will have to be fixed at some point and I clearly don't want to be the one paying for it. I understand this might be due to not having top tier quality drywall work, but this also wouldn't have happened without the roof work (at least that's how I see it since they weren't there up until the day the work started). My only challenge now is seeing if the company will take fault and fix everything, which based on your responses I'm expecting them not to.
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pjb999
17 years ago
You must live in Vancouver, or perhaps another part of BC, famous home of leaky condos.

I agree, legal advice is paramount and don't take any further action or speak to anyone else about it, as if you say/do the wrong thing, it can mess things up.

I'm sure you'll get it sorted out :)
pjb999
17 years ago
I had a further thought on this, depending where you are, there may have been an obligation on the vendor or strata's part to declare issues such as these - you may have some legal recourse.

The lawyer you used when you did your conveyancing might have been supposed to uncover discussion of issues such as this in the strata's records, assuming there had been such discussions.

Condo damage from roof leaks--who's responsible for repairs?

Comments (4)

highknitter

minibim

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