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Common Element Maintenance

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NJDave

Junior Member
What is the name of your state (only U.S. law)? NJ

The Master Deed for my condo association states that subfloors are part of the common elements. The subfloor on the main floor of my condo is sloped (not level) by about 1.5 inches over a span of 8 feet. It is very noticeable and far beyond normal building code standards. I first brought this to the attention of my condo board about two years ago. I asked them to correct the problem. They hired a structural engineer who said the subfloor could be leveled at the discretion of the Board and that it could also be strengthened. The Board decided to strengthen the subfloor but not level it.
Now, I am planning to sell my condo and would like to install new hardwood floors with the aim of correcting the levelness problem in the installation process. Unfortunately, I am being told by contractors that the subfloor needs to be leveled before hardwood can be installed. Can I force the board to do the necessary work to make the subfloors level? It will cost about $5000 to do the work.

I am sure they are concerned with the expense and with setting a precedent for other homeowners. They admit that they are responsible for maintaining the subfloor but they say they have other priorities, that the floor may have been out of level when I bought the home (not sure what difference this would make).What is the name of your state (only U.S. law)? NJ
 


What is the name of your state (only U.S. law)? NJ

The Master Deed for my condo association states that subfloors are part of the common elements. The subfloor on the main floor of my condo is sloped (not level) by about 1.5 inches over a span of 8 feet. It is very noticeable and far beyond normal building code standards. I first brought this to the attention of my condo board about two years ago. I asked them to correct the problem. They hired a structural engineer who said the subfloor could be leveled at the discretion of the Board and that it could also be strengthened. The Board decided to strengthen the subfloor but not level it.
Now, I am planning to sell my condo and would like to install new hardwood floors with the aim of correcting the levelness problem in the installation process. Unfortunately, I am being told by contractors that the subfloor needs to be leveled before hardwood can be installed. Can I force the board to do the necessary work to make the subfloors level? It will cost about $5000 to do the work.

I am sure they are concerned with the expense and with setting a precedent for other homeowners. They admit that they are responsible for maintaining the subfloor but they say they have other priorities, that the floor may have been out of level when I bought the home (not sure what difference this would make).What is the name of your state (only U.S. law)? NJ
I would make the argument that the HOA's failure to "maintain, repair, replace, etc" the common element, as required by N.J.S.A 46:8B-14 (Condominium Act, Responsibilities of association) is directly infringing on the value and livability of your unit. And since your hands are tied in that you yourself cannot contract to fix the problem as per N.J.S.A 46:8B-18 (Prohibited work), the HOA must step up to the plate. Failure to do so would hold them liable. If you can show a monetary loss because of this, you could sue. Anything less than $5K can be done in small claims court. But, it might just be easier to tell them you are going to sell and move on, but cannot until they fix their problem.

Good luck.
 

NJDave

Junior Member
I would make the argument that the HOA's failure to "maintain, repair, replace, etc" the common element, as required by N.J.S.A 46:8B-14 (Condominium Act, Responsibilities of association) is directly infringing on the value and livability of your unit. And since your hands are tied in that you yourself cannot contract to fix the problem as per N.J.S.A 46:8B-18 (Prohibited work), the HOA must step up to the plate. Failure to do so would hold them liable. If you can show a monetary loss because of this, you could sue. Anything less than $5K can be done in small claims court. But, it might just be easier to tell them you are going to sell and move on, but cannot until they fix their problem.

Good luck.
Thanks. What should I do if they drag their feet, which I am quite certain will happen? I was advised that if I have a lawyer contact the board that may tend to slow the process because then they will get their lawyer involved. Also, would it make any difference if this problem existed (but was well disguised) when I bought the place? thanks
 
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