R
richspjut
Guest
Maryland. 3-level townhouse/condo unit, appraised in 1992 at $110K, has extensive damage from surface and seepage of water that has penetrated basement almost everytime it rained until 1997. The house is collapsing inwards and the floors are becoming shaped like a boat. A contractor hired soon after purchase (Oct. 1993) to cure the problem under "lifetime guarantee of a dry basement," transferable to next owner, made the basement only worse. Their failure was pursued through the Maryland Home Improvement who then decided the problem must be surface water from the backyard, in the common grounds, a water problem not only for me but for several other owners as well. I appealed to the Circuit Court and to the Court of Special Appeals. I lost.
Since the Commission's findings were upheld, I presented the claim to the Condo Assoc. (March 2000). After an intial denial, they referred it to their insurance company in Scottsdale, AZ who after confusing excuses and delays over a period of 6 months, state they cannot make payment unless there is "provable negligence on the insured" (association).
Condo by-laws state that damages to condo units not covered by insurance shall be paid for by an assessment from the association, which comprises 56 units; however, the common grounds where the water problem originated also involves another association with similar bylaws. I have requested a copy of the insurance policy and information from minutes of meetings, and complaints about water in common grounds prior to 1997, but have received no response.
My condo also has extensive mold on the basement walls, and I have complained about allergies of sneezing and running nose. The presence of mold was introduced as evidence in a a Dec. 1996 hearing before an adminstriave law judge to show that incresing mold on walls was evidence of basement deterioration. The home improvement expert agreed.
From my readings, I wonder whether I can pursue a derivative action. I have retired early and I need to get out of this home since my mortgage payment consumes about 80% of my income. Essentially I am imprisoned in my own home. Each month I have to borrow more money to fight this problem, and I am not in any financial position to pay huge sums of money to an attorney unless of course the case can be taken on the contingency. My credit card debt is approaching $40k. So far I have an excellent credit rating, but I can only borrow from Peter to pay Paul for so long.
What is the quickest way out of this mess?
Richard
Since the Commission's findings were upheld, I presented the claim to the Condo Assoc. (March 2000). After an intial denial, they referred it to their insurance company in Scottsdale, AZ who after confusing excuses and delays over a period of 6 months, state they cannot make payment unless there is "provable negligence on the insured" (association).
Condo by-laws state that damages to condo units not covered by insurance shall be paid for by an assessment from the association, which comprises 56 units; however, the common grounds where the water problem originated also involves another association with similar bylaws. I have requested a copy of the insurance policy and information from minutes of meetings, and complaints about water in common grounds prior to 1997, but have received no response.
My condo also has extensive mold on the basement walls, and I have complained about allergies of sneezing and running nose. The presence of mold was introduced as evidence in a a Dec. 1996 hearing before an adminstriave law judge to show that incresing mold on walls was evidence of basement deterioration. The home improvement expert agreed.
From my readings, I wonder whether I can pursue a derivative action. I have retired early and I need to get out of this home since my mortgage payment consumes about 80% of my income. Essentially I am imprisoned in my own home. Each month I have to borrow more money to fight this problem, and I am not in any financial position to pay huge sums of money to an attorney unless of course the case can be taken on the contingency. My credit card debt is approaching $40k. So far I have an excellent credit rating, but I can only borrow from Peter to pay Paul for so long.
What is the quickest way out of this mess?
Richard