Who's liable Unit owner or Condo Association - Landlord Forum thread 358909

Who's liable Unit owner or Condo Association by Monica on January 8, 2019 @16:48

The exterior siding was redone about a year ago and it seems now that a portion of it is loose. The vapor barrier is not there and water got onto the wood. The mice took advantage of the soft wood and made themselves cozy in the wall. The condo association is supposed to do monthly exterior inspections and this problem apparently has been missed. They say I'm responsible for the mice in the wall. I believe that it's an issue that happened due to lack of craftsmanship by the siding company in which they hired. Of course I'm taking care of the mice because I don't want them there nor do I want to lose a good tenant. I might lose tenant at the end of lease because of it. Tenant is very OCD and is freaked that there is urine and feces in the wall no matter how much bleach the exterminator used. I am going to contact condo association so that they can proceed with fixing the exterior now the the softball size hole is plugged. If they come back with anything else that they want me to pay for, I may want get a lawyer. I may still want to go to small claims court for the extermination. I know it's not much but it is to me.

So what do you think?

[ Reply ] [ Return to forum ]

Re: Who's liable Unit owner or Condo Association by AnonymousFL on January 9, 2019 @11:48	[ Reply ]

Check your condo documentation. I live in a condo and recently had to review my own docs to see where the 'responsibility line' is drawn due to an exterior water leak. The lines for your own unit will probably vary some depending on the area of the condo. For instance, in our case, the line for water is drawn at the point that the feed goes to only our unit. For the majority of th eunit, the line is drawn at the surface of the slab and firewall and just above the ceiling drywall. We are responsible for everything inside that space. If I were in your situation, I would agree that the HOA sounds like they are being difficult. Insects are one thing...rodents another. I would have gone to our HOA (they have an office on site) and urged them to have a pro inspect the outside as well as take care of the mice citing that the most likely cause is an access point outside that was missed. If they refused, I would have a letter with me stating that since they do not intend to take action, I would bill them for my own pro if there was proof of entry that the HOA neglected to remedy. They may change their minds right there. If not, I would go about taking care of it first. The main thing is to be cool and cordial the entire time since you want to maintain as good of a relationship as you can. Once you start talking about suing, communication usually ends. I suggest not entering that conversation unless it really is necessary. This doesn't seam to warrant it to me. My own HOA has proven to be difficult in the past as well, but after dealing with the first few maintenance items in a calm professional manner, they know me now as someone who will be professional, but persistent. More recent issues have been easier to remedy.

Re: Who's liable Unit owner or Condo Association

Re: Who's liable Unit owner or Condo Association by ERIC on February 8, 2019 @07:38	[ Reply ]

It may be the condo association, and even if they fix it they can assess you back for the full amount. If you get a lawyer, they will too. And you will pay for their lawyer and yours.