What is the name of your state (only U.S. law)? Rhode Island
We own a first floor unit in a multi-family condominium building. There is inadequate roof water runoff dispersion and as a result runoff comes down in front of our unit. Where the excessive runoff comes down, there is little or poor drainage. Our first problem occuring from the water issue was mold under our carpet and along the molding along where the outside wall is located. We contacted out property insurance carrier. The adjuster contacted the HOA who told him that they had a high deductible. Result: we end up responsible. In this case our insurer. We were able to replace the rug with laminate floor, which will quell the issue temporarily at least.
Next problem: Inside wall on same side as outside water issue location is completely separated in one corner from floor to ceiling. However there are substantial cracks (not hairline in other walls adjacent to the wall facing the outside, as well as a verticle crack beneath the window on same wall as the separation. THis is becoming a serious problem. We have contacted the HOA (note the HOA referred to is actually the condo management company since due to less than 50% cono complex owenership, there is not an owner controlled HOA). Our concern is that we will have this wall cracking issue put back in our lap whether by our dealing dirctly with the management company or by way of having our insurer's adjuster being told no remedy due to high deductible building/structure insurance.
My question, if anyone has experienced this, is when damage such as wall seperating cracks inside, if casued by either outside water/poor drainage and/or foundation shifting (we are on a concrete slab), is the builder or management company responsible regardless of their having a large deductible building insurance policy ? And if yes is the general consensus, is a private attorney the only option for us as the condominium owner ?
Bylaws state tha everything inside the unit is the owner's responsibility. But when damage inside the unit is caused by either construntion flaws or like in this case, water coming from the outside (caused by construction flaws), isn't the builder, building owner, or management company held responsible for resulting inside damages? Would love to hear from anyone who has faced this problem as a condo owner. Thanks.
We own a first floor unit in a multi-family condominium building. There is inadequate roof water runoff dispersion and as a result runoff comes down in front of our unit. Where the excessive runoff comes down, there is little or poor drainage. Our first problem occuring from the water issue was mold under our carpet and along the molding along where the outside wall is located. We contacted out property insurance carrier. The adjuster contacted the HOA who told him that they had a high deductible. Result: we end up responsible. In this case our insurer. We were able to replace the rug with laminate floor, which will quell the issue temporarily at least.
Next problem: Inside wall on same side as outside water issue location is completely separated in one corner from floor to ceiling. However there are substantial cracks (not hairline in other walls adjacent to the wall facing the outside, as well as a verticle crack beneath the window on same wall as the separation. THis is becoming a serious problem. We have contacted the HOA (note the HOA referred to is actually the condo management company since due to less than 50% cono complex owenership, there is not an owner controlled HOA). Our concern is that we will have this wall cracking issue put back in our lap whether by our dealing dirctly with the management company or by way of having our insurer's adjuster being told no remedy due to high deductible building/structure insurance.
My question, if anyone has experienced this, is when damage such as wall seperating cracks inside, if casued by either outside water/poor drainage and/or foundation shifting (we are on a concrete slab), is the builder or management company responsible regardless of their having a large deductible building insurance policy ? And if yes is the general consensus, is a private attorney the only option for us as the condominium owner ?
Bylaws state tha everything inside the unit is the owner's responsibility. But when damage inside the unit is caused by either construntion flaws or like in this case, water coming from the outside (caused by construction flaws), isn't the builder, building owner, or management company held responsible for resulting inside damages? Would love to hear from anyone who has faced this problem as a condo owner. Thanks.