QUESTION

Is the condo Association responsible for interior mold due to a roof leak during property vacancy?

Asked on Jan 04th, 2016 on Real Estate - New Jersey
More details to this question:
I am in the process of buying a unit in a condo that currently has a leak on the roof. The Association has agreed to fix the roof, but refuses to repair the interior damage, stating the claim "wasn't filed in a timely enough fashion to mitigate the damage." The property was bank owned and vacant, and then was sold at sheriff sale, so no one was present to file a claim. The Association by-laws state that the roof and outside areas are regularly maintained by them. If there is mold in the walls or to the interior structures, who is responsible? I don't want to purchase this property and find out that the mold is a serious and hazardous concern. If I develop health issues or if there is a concern due to structural damage, what is my liability for that?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You need to proceed with caution.  If ou have not yet purchased the unit, ask for a seller's concession, getting some money back or off the price of the unit in order to fix the mold issue.  You should not take possession of the unit if there are mold issues.  Either the Association should fix the problems, or reduce the price to give you the funds to fix the problems.  
Answered on Jan 16th, 2016 at 5:15 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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