Who is responsible to fix the damage for a leaking roof in a condo?
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Who is responsible to fix the damage for a leaking roof in a condo?
I live in condo. Management group (hired contractor) is replacing the roof (40 years old) due to leakage. Under my window the plywood floor and the wall was damaged. Contractor has removed the window, cut the plywood and part of the wall. Now they put the window back, but management does not want to fix the wall, insulate the window inside. They are telling me, that this is my responsibility to fix inside. I think my responsibility, when the damaged is done by myself? The master insurance deductible is $10,000 but the cost of the repair is going to be less, and management did not claimed.
Asked on August 12, 2011 Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the association strated the work on your unit through a retained licensed contractor and he or she did not put your unit in a repaired fully condition, the association is responsible to do so.
Leaving your unit with unrepaired walls and lack of insulation around the window from the work that was started by the retained contractors as part of the general fix for the leaking roof is unacceptable.
You should write the association stating a set completion date for what needs to be done to place you unit in the condition it was in before the work was started. If not completed by that date, you could contact the building department about the problem and ask for an inspection and report over the unfinished work. Most likely the building inspector will require completion within a set period in writing.
Send this writing to the association with another demand to complete by a set date. If no repairs by the set date, you can finish repairs yourself and sue association for the costs, or sue the association for the unfinished work's repair after you get an estimate for it.
Good luck.
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