What is the name of your state (only U.S. law)? NJ
I live in a 25-year-old condo. Per the Master Deed for my condo association, the association is responsible for maintenance and repair of common elements and the subfloor of each unit is part of common elements.
The floor of my condo is significantly out-of-level because the floor trusses (that support the plywood subfloor) are deflected (sagging) by as much as 1.5” over a 6 foot span. Over a year ago I asked the condo board to fix this problem. They brought in a structural engineer who recommended reinforcing the floor trusses and left it to the board whether the floor trusses should first be jacked up before being reinforced. The board decided not to straighten the trusses by jacking because they were concerned that jacking would cause collateral damage to the structure. Instead, they directed a contractor to reinforce the floor trusses in their sagging position.
Now, a year later, I am left with a strengthened but still sagging floor. It will be difficult to sell the condo in this condition. I have talked with contractors who say that leveling the floor, depending on the method, could cost $5K or more. I asked the Condo board to pay for this, but they have refused, claiming they have fulfilled their responsibility and have no remaining obligations to remedy the sag in the floor.
Is the association correct? If not, is it smart to sue the association or pay to have the floor fixed? The association has a structural engineer and contractor who will support their position. I suspect they will argue that the floor was not level when I bought the condo or that the floor is a cosmetic issue which is not their responsibility. I wonder if I may need to hire my own structural engineer to support my case in court (?) With lawyer fees and less than a 100% chance of winning, I wonder if I am better off paying to fix it myself. Thanks for any advice.
I live in a 25-year-old condo. Per the Master Deed for my condo association, the association is responsible for maintenance and repair of common elements and the subfloor of each unit is part of common elements.
The floor of my condo is significantly out-of-level because the floor trusses (that support the plywood subfloor) are deflected (sagging) by as much as 1.5” over a 6 foot span. Over a year ago I asked the condo board to fix this problem. They brought in a structural engineer who recommended reinforcing the floor trusses and left it to the board whether the floor trusses should first be jacked up before being reinforced. The board decided not to straighten the trusses by jacking because they were concerned that jacking would cause collateral damage to the structure. Instead, they directed a contractor to reinforce the floor trusses in their sagging position.
Now, a year later, I am left with a strengthened but still sagging floor. It will be difficult to sell the condo in this condition. I have talked with contractors who say that leveling the floor, depending on the method, could cost $5K or more. I asked the Condo board to pay for this, but they have refused, claiming they have fulfilled their responsibility and have no remaining obligations to remedy the sag in the floor.
Is the association correct? If not, is it smart to sue the association or pay to have the floor fixed? The association has a structural engineer and contractor who will support their position. I suspect they will argue that the floor was not level when I bought the condo or that the floor is a cosmetic issue which is not their responsibility. I wonder if I may need to hire my own structural engineer to support my case in court (?) With lawyer fees and less than a 100% chance of winning, I wonder if I am better off paying to fix it myself. Thanks for any advice.