Who is responsible to fix the damage for a leaking roof in a condo?

UPDATED: Aug 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption