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08-04-2005, 05:48 PM
| | Junior Member | | Join Date: Oct 2001 Location: Brooklyn, NY
Posts: 3
| |  Inside damage from roof and wall leaks - who is covering the cost?
What is the name of your state?What is the name of your state? New York
We live on the top floor of Condo building. We had several leaks in the roof and wall that Roofing Company could not fix for about two years, although the Management Company was dutifully sending them along. Finally, all the leaks did get fixed and for the last three month (heavy rains and thunderstorms) we had no more water drips or fresh water stains anywhere. However, as a result of two years of accumulated water damage, the sheetrock on the ceiling and on of the walls is warped and cracked. The paint is of course completely ruined.
Now the Management Company claims that I, as Unit Owner is responsible for interior repairs REGARDLESS of what caused the problem. My argument is that the damage to MY property was caused by THEIR failure to maintain the roof in good condition. I read the copy of BYLAWS and of course there is NO clause there referring to my situation. Those kinds of things are just omitted.
Are there any laws stating that HOA's are required to cover costs like this?
I will apreciate any advice. |
08-05-2005, 09:53 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by zoyad What is the name of your state?What is the name of your state? New York
We live on the top floor of Condo building. We had several leaks in the roof and wall that Roofing Company could not fix for about two years, although the Management Company was dutifully sending them along. Finally, all the leaks did get fixed and for the last three month (heavy rains and thunderstorms) we had no more water drips or fresh water stains anywhere. However, as a result of two years of accumulated water damage, the sheetrock on the ceiling and on of the walls is warped and cracked. The paint is of course completely ruined.
Now the Management Company claims that I, as Unit Owner is responsible for interior repairs REGARDLESS of what caused the problem. My argument is that the damage to MY property was caused by THEIR failure to maintain the roof in good condition. I read the copy of BYLAWS and of course there is NO clause there referring to my situation. Those kinds of things are just omitted.
Are there any laws stating that HOA's are required to cover costs like this?
I will apreciate any advice. | **A: yes**************.... |
08-05-2005, 10:22 AM
| | Junior Member | | Join Date: Oct 2001 Location: Brooklyn, NY
Posts: 3
| | | It is a Yes, isnt'it? Good.
Now, where can I find that law in writing? So I can quote it to my management? Or is it only for Lawers to see and use? Sorry if it sounds terribly naïve… |
08-07-2005, 10:45 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote: |
Originally Posted by zoyad It is a Yes, isnt'it? Good.
Now, where can I find that law in writing? So I can quote it to my management? Or is it only for Lawers to see and use? Sorry if it sounds terribly naïve… |
**A: it is basically only for lawyers to see and use. How else are lawyers to make any money? If lawyers gave away for free all laws and legal research, most people won't have to deal with them. Hey, maybe that's not a bad idea. |
08-09-2005, 05:41 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 2
| | | New Jersey
Does anyone know if the skylight is the owner's responsibility?
Last edited by walkerd3; 08-10-2005 at 03:26 PM.
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