It is a surprisingly common occurrence for condominium unit owners to suffer some form of water damage from a common element pipe or the roof, etc. It has been our experience that associations and management companies are quick to blame the unit owner making the complaint for causing the damage instead of actually undertaking an investigation to determine whether the problem is the condominium association’s responsibility. Unit owners need to be diligent to protect their rights. They need to send emails to the association’s manager and to the board members outlining the problem with their unit and we also believe the unit owner should contact the appropriate professional, e.g., plumber, mold remediation contractor, general contractor, etc., to determine the cause and extent of the water damage. This way, when the Association denies responsibility, a unit owner will have their own information (and perhaps experts) to substantiate their claim.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.