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Maintenance of Common Elements

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DavidNJ

Junior Member
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.
 


LdiJ

Senior Member
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.
Well...I can certainly see it potentially costing you more to litigate than to go ahead and fix it. Although I can think of potentially cheaper methods to do so. What is the subflooring made of?
 

DavidNJ

Junior Member
The subfloor is 3/4" plywood on top of engineered floor trusses. The floor trusses are 12" high and 4" wide. The truss construction is two 2x4's (top and bottom cords, wide side up) with 2x4 angled trusses and vertical supports. The whole truss system is held connected with metal connector plates. These kinds of floor trusses were used a lot for condos in the 1980's because they are lightweight, but they are not used much any more.
 

festival

Member
NJ has Alternative Dispute Resolution (ADR), which is an alternative to a lawsuit. Your condo's governing documents may also have Internal Dispute Resolution, mediation, or board hearings.

I would get a lot of estimates and investigate all the ways of fixing the problem. It may help your board to approve a well researched project. You might find a less expensive compromise.

You don't need an engineer, since that is not really in dispute.

It appears that your association is not correct. They should properly maintain the common elements. They left the floor in a sub-standard condition and as a result your property value is affected. Look up the association's maintenance duties in your condo Declaration, as well as the board's duties. Talk to your neighbors about property values.

I would request to be put on the agenda for the next board meeting to discuss new information (all of the above). The board may change their mind when you present the material in a formal setting, and when they have to explain their decision. Ask if this is the association's responsibility and they are only refusing due to the cost. Bring another owner or two who are on your side. Ask the board to take minutes of the meeting including the decision and the reason for the decision, as a preparation for the next step (ADR, etc.).

Good luck with it. Please post how you do.
 

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