RE Q&A: Should I Pay for Leak Damage?
If you dispute a condo charge, review your documents, gather evidence, and respond in writing. If that fails, consider legal help to challenge the assessment.
FORT LAUDERDALE, Fla. — Question: My condominium is charging me $8,000 to repair a leak they claim originated from my unit. They sent the assessment in a letter without even discussing it with me. The leak wasn’t from my unit because I also had slight water damage where water leaked through my ceiling, leaving a stain, which they would have known if they had contacted me. I shouldn’t have to pay for something that was not my fault. What can I do? — Jane
Answer: Disputes with condominium associations can be frustrating, especially when dealing with unexpected or unjustified charges. It’s essential to approach the situation methodically and with a clear understanding of your rights and obligations. While laws and regulations vary depending on where you live and the governing documents of your association, the steps for addressing these issues are generally consistent.
The first step is to review your condominium’s governing documents, such as the bylaws, declarations, and rules. These documents outline the responsibilities of both the association and individual unit owners. Pay close attention to sections regarding maintenance, repairs, and assessments. In many cases, the association is responsible for common areas, while unit owners are responsible for repairs within their own units. If the leak originated from a common area, such as the roof or shared plumbing, the association may be responsible for the repairs, not you.
Next, gather evidence to support your case. Take detailed photos of the water damage in your unit, including the ceiling where the leak came through. Document everything, including the timeline of events and any conversations you’ve had with the association or your neighbors. Make a file of all the paperwork related to the issue. If you haven’t already, consider hiring a licensed plumber or contractor to inspect your unit and determine the source of the leak. A professional opinion can be invaluable in proving that the damage did not originate from your unit.
Once you have your evidence, reach out to your association in writing. Explain your position clearly and politely, providing all relevant details and supporting documentation. Request a meeting to discuss the matter further. Many associations have a dispute resolution process in place, and this may be your opportunity to present your case. Be sure to keep copies of all correspondence and follow up regularly.
If the association refuses to reconsider the assessment or continues to insist that you are responsible, you may need to escalate the matter. Consult an attorney who specializes in condominium law who can help you understand your rights, negotiate with the association, or, if necessary, take legal action to challenge the assessment.
Throughout the process, remain calm and professional, remembering that the volunteer board of directors are also your neighbors who, in most cases, are trying to make your condo a better place to live.
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