If my condo unit is being repeatedly damaged and no one will fix it who do I sue – the management company or the board?

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If my condo unit is being repeatedly damaged and no one will fix it who do I sue – the management company or the board?

I have been fighting for more than 1 year with the management company to fix the exterior stucco wall (approximately 3 feet by 10 feet) that lets the water come in onto the ceiling of my unit. Every time it rains the spots on the ceiling are moist (right next to the outside wall). They send different constractors and everytime I am told that board will review damage estimation and vote on it but nothing happens afterwards. I spoke to property manager, board president, whole board, my neighbors, you name it. What should be my next step to make them fix it?

Asked on May 24, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with a real estate attorney who has condo experience (it's slightly specialized), but it will probably be the case that you sue the board AND the management company--there is no limitation on how many different parties you can sue, if they all are potentially legitimately responsible for culpable. The management company would clearly be responsible since they manage the property; but the board oversees them, making them responsible, too. You will probably seek both monetary compensation--e.g. for having lived with repeated damage--and more significantly, an order (injunctive relief) requiring that the repair be finally made. You have rights--you just need to take the legal action to enforce them. Good luck.


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