QUESTION
Does the repair on a leak in a unit fall on the association’s responsibility since the owner has abandoned it?
Asked on Sep 22nd, 2012 on Landlord and Tenant Law - New York
More details to this question:
I am condominium owner. The unit above is in foreclosure-tenant. The association is in the process of evicting the other owner. There is leak in this unit but the association says they are not responsible.
7 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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I don't really have enough information to answer this question. In general, the owner of the unit is responsible for repairs until the Trustee Sale has occured then ownership transfers to the purchaser. The owner remains responsible for association fees until there is a transfer of ownership.
Answered on Sep 26th, 2012 at 5:03 PM
Lisa Hurtado McDonnell
You will have to review the HOA bylaws to see what they say who is responsible for the repairing the leak. Does the unit involved have insurance? Why not file a claim with your insurance and your insurance company should be able to see if the other unit has insurance and the insurance companies will sort out the liability issue.
Answered on Sep 26th, 2012 at 5:03 PM
Steven D. Dunnings
What do the by-laws and rules say.
Answered on Sep 26th, 2012 at 5:02 PM
Consult the Master Deed. It states what the association is responsible for.
Answered on Sep 26th, 2012 at 5:01 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Not if it is within the other unit.
Answered on Sep 26th, 2012 at 5:01 PM
Ordinarily, the condominium ownership documents make the space between units a common area. Only the surface belongs to the individual owners . Therefore, the association could be responsible to fixing the leak, especially if by evicting it becomes owner, which seems peculiar unless the other owner has failed to pay association dues or assessments. Who is foreclosing and who would end up with ownership?
Answered on Sep 26th, 2012 at 5:01 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the leak is in the wall then the condo is responsible. Otherwise, no.
Answered on Sep 26th, 2012 at 5:00 PM