Grease spot on parking lot

[rebel7254]

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

Tennessee


About a year after I had been living in one of these condos, a board member informs me that my wife's car has made a rather sizeable grease spot in the area where her car is always parked. I never noticed this spot, because my wife always drives the car, and her car is typically parked there whenever I go by it. She told me that I needed to get the car leak fixed (it is a slow transmission fluid leak) and that I would have to pay for the spot to be cleaned up. Shortly after this, I got a relative to check out the leak, and he fixed it. We placed a piece of cardboard under the car daily to check for leaks, and after the car did not leak for two weeks, we assumed the problem was fixed and stopped putting the cardboard underneath it every day. However, until somebody mentioned it again, I was not going to bother trying to clean the spot up.

Well, the board had a meeting last week, and this issue was brought to my attention again. It appears that the car has resumed the leaking problem, so I still need to get it fixed. However, as for cleaning the spot, I'm not so sure I want to be so quick to comply with their assertion that I must pay to have it cleaned up. My problem with all of this is that they waited until the grease spot was very severe to bring it to my attention. Therefore, I don't think it's really fair to assign me with the entire expense of clearning it up.

I have reviewed the community guidelines and bylaws for the assocation. While there is nothing specific relating to automobile leaks, there is a clause in the master deed which basically says that any owner who "causes damage to any of the common areas" is liable to pay the entire expense to repair it. My question: Do I have any case whatsoever that a grease spot on the pavement does not qualify as "damage"? And if not, does it matter at all that the association failed to notify me of the problem for over a year, so that it is much more difficult to deal with now?

Thank you in advance for the help!

[HomeGuru]

Originally Posted by rebel7254

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

Tennessee


About a year after I had been living in one of these condos, a board member informs me that my wife's car has made a rather sizeable grease spot in the area where her car is always parked. I never noticed this spot, because my wife always drives the car, and her car is typically parked there whenever I go by it. She told me that I needed to get the car leak fixed (it is a slow transmission fluid leak) and that I would have to pay for the spot to be cleaned up. Shortly after this, I got a relative to check out the leak, and he fixed it. We placed a piece of cardboard under the car daily to check for leaks, and after the car did not leak for two weeks, we assumed the problem was fixed and stopped putting the cardboard underneath it every day. However, until somebody mentioned it again, I was not going to bother trying to clean the spot up.

Well, the board had a meeting last week, and this issue was brought to my attention again. It appears that the car has resumed the leaking problem, so I still need to get it fixed. However, as for cleaning the spot, I'm not so sure I want to be so quick to comply with their assertion that I must pay to have it cleaned up. My problem with all of this is that they waited until the grease spot was very severe to bring it to my attention. Therefore, I don't think it's really fair to assign me with the entire expense of clearning it up.

I have reviewed the community guidelines and bylaws for the assocation. While there is nothing specific relating to automobile leaks, there is a clause in the master deed which basically says that any owner who "causes damage to any of the common areas" is liable to pay the entire expense to repair it. My question: Do I have any case whatsoever that a grease spot on the pavement does not qualify as "damage"? And if not, does it matter at all that the association failed to notify me of the problem for over a year, so that it is much more difficult to deal with now?

Thank you in advance for the help!

**A: you have no case at all. Read your House Rules.