water from the gutters in my condo is damaging my ballcony, can i take any action against them for damages?
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water from the gutters in my condo is damaging my ballcony, can i take any action against them for damages?
the manegment com. sayes they pay $1000 for gutter repair a year. Forced me to get it repaired for $1415 because its dameging other units. I lived here for 5 years and the gutters have always been damaged.
Asked on May 15, 2009 under Real Estate Law, Illinois
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
This is something that you might want to discuss with an attorney in your area. One place to find a lawyer who does real estate and condominium work is at our website, http://attorneypages.com
In general, the condominium association -- and the management company that the association has hired -- is responsible for repair and maintenance of the common elements of the building, without a dollar limit on the annual expense. Whether the gutters are part of the common elements or part of your unit depends on how your condominium is set up, and the condominium documents might have different treatment described for gutter repair. These sorts of questions often have complicated answers, and will depend on the unique facts of each case and the way the documents are worded.
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