Water in Floor Vents/Association suit

[sandyv]

Illinois

Help! Our small condo Association of only 12 individuals received a lawsuit from an owner on the 1st floor end unit of other building. She experiences water under her floor vents (concrete ductwork?) when it rains heavily and she never experiences any damage to her unit, the water eventually receeds. Its the strangest thing I have ever seen. I informed her to call a duct company out, they came out and stated there was no mold anywhere. Now all of a sudden we get a lawsuit stating she is ill because of mold in the unit and she wants the problem fixed. No other units are experiencing any other problems. Considering it is only her unit isn't she responsible? Its a fine line between common elements. If there was a crack in the foundation she would be getting water elsewhere and she isn't. Starting this lawsuit has made everyone upset including the 3 people trying to sell. I am the President and believe me this is nothing but a headache. We are drained of funds due to a new roof and brand new parking lot. getting a lawyer now will result in everyone paying an extra assessment including the woman suing! My question is whose responsibilty is this since it is only her unit expereincing this???

[HomeGuru]

Originally Posted by sandyv

Illinois

Help! Our small condo Association of only 12 individuals received a lawsuit from an owner on the 1st floor end unit of other building. She experiences water under her floor vents (concrete ductwork?) when it rains heavily and she never experiences any damage to her unit, the water eventually receeds. Its the strangest thing I have ever seen. I informed her to call a duct company out, they came out and stated there was no mold anywhere. Now all of a sudden we get a lawsuit stating she is ill because of mold in the unit and she wants the problem fixed. No other units are experiencing any other problems. Considering it is only her unit isn't she responsible? Its a fine line between common elements. If there was a crack in the foundation she would be getting water elsewhere and she isn't. Starting this lawsuit has made everyone upset including the 3 people trying to sell. I am the President and believe me this is nothing but a headache. We are drained of funds due to a new roof and brand new parking lot. getting a lawyer now will result in everyone paying an extra assessment including the woman suing! My question is whose responsibilty is this since it is only her unit expereincing this???

**A: the HOA is responsible for investigation and repair and hiring an attorney.

[Francey]

As a property manager, I am curious as to how this has been resolved?

Originally Posted by sandyv

Illinois

Help! Our small condo Association of only 12 individuals received a lawsuit from an owner on the 1st floor end unit of other building. She experiences water under her floor vents (concrete ductwork?) when it rains heavily and she never experiences any damage to her unit, the water eventually receeds. Its the strangest thing I have ever seen. I informed her to call a duct company out, they came out and stated there was no mold anywhere. Now all of a sudden we get a lawsuit stating she is ill because of mold in the unit and she wants the problem fixed. No other units are experiencing any other problems. Considering it is only her unit isn't she responsible? Its a fine line between common elements. If there was a crack in the foundation she would be getting water elsewhere and she isn't. Starting this lawsuit has made everyone upset including the 3 people trying to sell. I am the President and believe me this is nothing but a headache. We are drained of funds due to a new roof and brand new parking lot. getting a lawyer now will result in everyone paying an extra assessment including the woman suing! My question is whose responsibilty is this since it is only her unit expereincing this???