Negligence????

nusias9 said:

What is the name of your state?NJ

After an owner identifies a water leak from a common element, notifies the association, temp patch the leak, removed molded sheet rock, and did his best to isolated the water. Has the owner shown deligence?

**A: no. Have you contacted your homeowner's insurance company yet?
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After having completed the above steps, must/should I continue to seek contractors?

**A: yes and seek a good real estate attorney.
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My association has failed to contact anyone to evaluate the leak. Since I am not an officer of the association am I obligated to contact contractors and/or provide these job proposals?

**A: yes, to mitigate damages.
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If the association fails to address the leak, at what point are they considered negligent and responsible for individual elements damaged by water?
1,2,3, months?

**A: 1 day.
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Thanks..

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nusias9 said:

New Jersey


I need to clearify a few questions.

I understand we are suppose to seek contractors for damages to our individual elements. However, the association is saying I have to seek contractors regarding the common element causing the leak. Am I obligated to seek contractors regarding the repairs to the common element?

**A: no, but if that's what they told you it actually helps your case.
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Please explain why I have not shown diligence?

**A: you have.
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I have identified the problem and taken every step to prevent further damage, including one proposal for the comment element. The common element causing damage is located on outside of the building, but part of the structure.

When will I have shown enough diligence?

**A: you have. You asked if the owner had showed deligence.
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The insurance we have does not cover walls and flooring. I think it just covers things like furniture. Our mortgage did not require individual homeowners insurance because the HOA has insurance on the structure. Did we do something wrong here?

**A: yes.
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We are seeking an attorney. It will take time to locate a good one. In the mean time I am trying to fulfill my role as an owner. However, I need to know when I can stop fulfilling the duties that are the responsibility of the HOA. I feel like this is a conflict of interest if I plan to sue my association.
Really, should I be handling all of this by myself?

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HomeGuru said:

**A: ok.............

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serenity99 said:

Similar situation here. I had a leak a few years ago. HOA was notified - no action taken by them. My ins co was called in, damages assessed (none, except my carpet) and flooring replaced.

Two months ago, new neighbor moves in, smells odor and blames my pets for young baby developing asthma. HOA comes in to inspect (and unfortunately had peeing cat at the time) and smelled urine. In doing an inspection, they noticed the floorboards under the carpet were darkened. Now they are saying that the floorboards need to be replaced, drywall replaced, etc. because "the cats did it"! However, the HOA is repeatedly asking if the insurance contractor mentioned replacing the floorboards at the time of the leak. No matter what I answer, they continue to pursue the cats as the cause.

They are even talking about ripping down the walls if necessary - all at my expense because of "the cats".

I have already taken up the piece of carpet in the hallway where the cat peed and replaced the flooring - no more odor. (I think what they smelled was actually caused by my using carpet shampooer in that area right before they came in - created moisture).

All of a sudden, no smell in neighbor's place but they continue to relentlessly pursue this lawsuit for damages. They are looking for every single trace of "cat" in my home and if they find any it is being classified as damage.

Yes, pets can cause damage. I am well aware of that and would correct any - as I have done. However, this is no less than victimization. What is my recourse?

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serenity99 said:

I should mention that I suspect they are trying to blame the cats because they feel the floorboards need replacing after the leak a few years ago and in order to bear the cost themselves are trying to pin it on me.

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serenity99 said:

Similar situation here. I had a leak a few years ago. HOA was notified - no action taken by them. My ins co was called in, damages assessed (none, except my carpet) and flooring replaced.

Two months ago, new neighbor moves in, smells odor and blames my pets for young baby developing asthma. HOA comes in to inspect (and unfortunately had peeing cat at the time) and smelled urine. In doing an inspection, they noticed the floorboards under the carpet were darkened. Now they are saying that the floorboards need to be replaced, drywall replaced, etc. because "the cats did it"! However, the HOA is repeatedly asking if the insurance contractor mentioned replacing the floorboards at the time of the leak. No matter what I answer, they continue to pursue the cats as the cause.

They are even talking about ripping down the walls if necessary - all at my expense because of "the cats".

I have already taken up the piece of carpet in the hallway where the cat peed and replaced the flooring - no more odor. (I think what they smelled was actually caused by my using carpet shampooer in that area right before they came in - created moisture).

All of a sudden, no smell in neighbor's place but they continue to relentlessly pursue this lawsuit for damages. They are looking for every single trace of "cat" in my home and if they find any it is being classified as damage.

Yes, pets can cause damage. I am well aware of that and would correct any - as I have done. However, this is no less than victimization. What is my recourse?

Click to expand...