Alabama.
I own a Gulf Coast condo damaged by hurricane Ivan in Sept 2004. Post-Ivan, the Association Board of Directors and the contractually employed property management company made the condos were off limits to owners and guests for 4 months.
There are interior corridors in the building and the condominium doors were all left open continuously, initially to "dry out the building", and later, to allow unfettered access to management company, workers, and contractors. "Control" was maintained by locking the exterior building doors each night.
During the last month while the condo was still off limits I received an electric bill that was $150 dollars above "normal" even when occupied, based on usage history from the electric company.
The condo "Docs" allow the Board to take measures to protect common proprerty and effect repairs. THey can enter condos, for example and take actions to mitigate damages and prevent damages from spreading to other areas - in the event of a plumbing leak for example.
Nowhere are they given the right to unlimited use utilities of the owners. They were paid by the master policy insurance for damage mitigation and repairs, and they can also assess the owners on a pro-rata basis when money is needed. They can't pick and choose to incur costs that will be billed to individual owners unless it is a specific emergency problem in that unit, which this was not.
Either the management company didn't maintain positive control of the building, and should have checked units more frequently; or they didn't provide enough oversight of workers; or that they were directly responsible for turning on and then failing to turn off the heat.
I contend that the management company and/or the Association owe me for a defensible prorata share of that power bill. If they had come in and run up $150 in long distance phone charges, it would be no different.
My questions are:
1. DO I have a case?
2. Did they have the right to commandere my electricity, run up my bill and then not reimburse me for it?
3. Who do I file the complaint against - the management company, the Association, or both; and the enitities or specific named individuals?
Thanks!
JWL
I own a Gulf Coast condo damaged by hurricane Ivan in Sept 2004. Post-Ivan, the Association Board of Directors and the contractually employed property management company made the condos were off limits to owners and guests for 4 months.
There are interior corridors in the building and the condominium doors were all left open continuously, initially to "dry out the building", and later, to allow unfettered access to management company, workers, and contractors. "Control" was maintained by locking the exterior building doors each night.
During the last month while the condo was still off limits I received an electric bill that was $150 dollars above "normal" even when occupied, based on usage history from the electric company.
The condo "Docs" allow the Board to take measures to protect common proprerty and effect repairs. THey can enter condos, for example and take actions to mitigate damages and prevent damages from spreading to other areas - in the event of a plumbing leak for example.
Nowhere are they given the right to unlimited use utilities of the owners. They were paid by the master policy insurance for damage mitigation and repairs, and they can also assess the owners on a pro-rata basis when money is needed. They can't pick and choose to incur costs that will be billed to individual owners unless it is a specific emergency problem in that unit, which this was not.
Either the management company didn't maintain positive control of the building, and should have checked units more frequently; or they didn't provide enough oversight of workers; or that they were directly responsible for turning on and then failing to turn off the heat.
I contend that the management company and/or the Association owe me for a defensible prorata share of that power bill. If they had come in and run up $150 in long distance phone charges, it would be no different.
My questions are:
1. DO I have a case?
2. Did they have the right to commandere my electricity, run up my bill and then not reimburse me for it?
3. Who do I file the complaint against - the management company, the Association, or both; and the enitities or specific named individuals?
Thanks!
JWL
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