Re: Who's liable Unit owner or Condo Association

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

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.

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Re: Who's liable Unit owner or Condo Association by Monica on January 9, 2019 @13:24	[ Reply ]

Thank you for taking the time to reply. At the first alert of the problem from my tenant, I did tell HOA and they responded that I will have to eradicate mice before they can fix the exterior problem. One thing that bothers me is that they didn't even go look at it yet (3 weeks). The mice are hopefully taken care of and HOA is notified that it is time to fix exterior. They will get a professional contractor to assess. If they come back with the conclusion that puts more liability onto me, I'll have to hire my own professional to assess and document. I didn't mention suing and tried to be nice but I think I came off bitchy when I emphasized that it needs to be done promptly so I don't have to hire and exterminator again. I'll try to update the story later. Thanks again.

Re: Who's liable Unit owner or Condo Association by Monica on January 9, 2019 @13:33	[ Reply ]

To further elaborate, yes HOA said it was my responsibility for extermination because it was in the wall. They didn't even look at it or consider that the problem originated from the exterior issue that was caused by a contractor and missed by HOA. So your response was along my thinking that they should pay/reimburse me for the extermination when the professional contractor determines/verifies the issue and point of entry? (it's really obvious with a softball size hole (plugged now)).

Re: Who's liable Unit owner or Condo Association by Monica on January 9, 2019 @13:35	[ Reply ]

Thank you for taking the time to reply. At the first alert of the problem from my tenant, I did tell HOA and they responded that I will have to eradicate mice before they can fix the exterior problem. One thing that bothers me is that they didn't even go look at it yet (3 weeks). The mice are hopefully taken care of and HOA is notified that it is time to fix exterior. They will get a professional contractor to assess. If they come back with the conclusion that puts more liability onto me, I'll have to hire my own professional to assess and document. I didn't mention suing and tried to be nice but I think I came off bitchy when I emphasized that it needs to be done promptly so I don't have to hire and exterminator again. I'll try to update the story later. Thanks again.

Re: Who's liable Unit owner or Condo Association by lpadave on January 9, 2019 @15:14	[ Reply ]

i would say it's the unit owner's responsibility for pest issues inside the unit and the HOA for outside. which came first is sort of the chicken and the egg. Usually the unit owner is responsible for structure on all interior partiton walls, ceiling joists from the sheetrock attachment inward and all exterior walls from the interior sheetrock atachment inward. Insulation in walls and ceilings is a bit of horse trading,....and you are PROBABLY dealing with rodent damage to insulation,...which should be looked at and fixed if necessary. HOA's these days are getting harder and harder to deal with. its a thankless unpaid job for the board members,...who as taken from the community owners are most times not professional RE people who are too quick to defer to lawyers and the Mtgmt Co.,...so everyone just saying NO,......it aint our job, is the path of least resistance. The terms pieceful and quite enjoyment and habitability for both you and your tenant may get their atenttion.

Re: Who's liable Unit owner or Condo Association by lpadave on January 9, 2019 @15:26	[ Reply ]

further,...which just occurred to me. rodents often get in thru roof openings like plumbing stacks, vents, chimneys, etc. all roof openings should have tight screens. my opinion is that the HOA should fix the exterior hole first, assure the roof openings are tight then you trap/exterminate/repair insulation and interior. screening on roof openings is also another horse trading issue.

Re: Who's liable Unit owner or Condo Association by lpadave on January 9, 2019 @15:26	[ Reply ]

further,...which just occurred to me. rodents often get in thru roof openings like plumbing stacks, vents, chimneys, etc. all roof openings should have tight screens. my opinion is that the HOA should fix the exterior hole first, assure the roof openings are tight then you trap/exterminate/repair insulation and interior. screening on roof openings is also another horse trading issue.

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