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condo board responsibility?

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TheGeekess

Keeper of the Kraken
You may wish to post in the insurance area of this website. I'm not an expert in insurance, for example indemnify.

If you have expert reports that your floor is now damaged, then you don't have to wait for mold and rot. However, you need good expert evidence of both the damage and the cause, since "they" may argue the opposite. I previously suggested an expert such as architect, engineer or building inspector. I would add one who's testimony would be good in court and not just a contractor who wants to sell you a new floor, although a knowledgeable contractor may suffice.

Insurance covers sudden and accidental damage that might result from, lets see now, ah yes, for example a break in a water pipe. Insurance will not usually cover slow rot conditions. However, the association's insurance also covers their liability for negligence (failure to maintain heat) or negligence for not mitigating damage.

If the floor damage really is from slow seepage, then you may not be able to collect from anyone (except maybe from the builder, see 2 below). Again, an expert may be able to establish the real cause. You can also put pressure on the association to either reconsider or else fix the slab, which would be expensive and likely unnecessary.

1. Yes, you only own the paint, not the wallboard. This is fairly common. You can't claim any damage since the mold is in the common elements. You can request the association to clean up the mold in the common area.

2. You may be responsible for a moisture barrier or insulation to prevent condensation. It is not a weird question. The seepage may be the builder's responsibility, depending on building code and standards, construction guarantee (which may be in your declaration) and statute of limitations. Again, an expert.

Legal action can be as simple as a stern letter from your attorney, or you could start with the simplest single issue in small claims court.
There is no reason to duplicate post. EVER. :cool:
 


tigtig

Junior Member
You may wish to post in the insurance area of this website. I'm not an expert in insurance, for example indemnify.

If you have expert reports that your floor is now damaged, then you don't have to wait for mold and rot. However, you need good expert evidence of both the damage and the cause, since "they" may argue the opposite. I previously suggested an expert such as architect, engineer or building inspector. I would add one who's testimony would be good in court and not just a contractor who wants to sell you a new floor, although a knowledgeable contractor may suffice.

Insurance covers sudden and accidental damage that might result from, lets see now, ah yes, for example a break in a water pipe. Insurance will not usually cover slow rot conditions. However, the association's insurance also covers their liability for negligence (failure to maintain heat) or negligence for not mitigating damage.

If the floor damage really is from slow seepage, then you may not be able to collect from anyone (except maybe from the builder, see 2 below). Again, an expert may be able to establish the real cause. You can also put pressure on the association to either reconsider or else fix the slab, which would be expensive and likely unnecessary.

1. Yes, you only own the paint, not the wallboard. This is fairly common. You can't claim any damage since the mold is in the common elements. You can request the association to clean up the mold in the common area.

2. You may be responsible for a moisture barrier or insulation to prevent condensation. It is not a weird question. The seepage may be the builder's responsibility, depending on building code and standards, construction guarantee (which may be in your declaration) and statute of limitations. Again, an expert.

Legal action can be as simple as a stern letter from your attorney, or you could start with the simplest single issue in small claims court.
My lawyer is involved now. I am hoping it would help.

As for the mold in the common area. They can't get to it without going through my unit. I talked to EPA and they said based on my situation they recommend hiring professionals. Do I have the rights to have them (if they ever fix it) hire certified mold professional to prevent spore spreading inside my unit? I don't know if following industry standard is good enough in court.

Last question, will this ever become my responsibility? Like if they refuse to fix it and I don't force them enough?
 

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