Legal Question in Real Estate Law in Colorado

Condominium Water Damage from Upstairs Unit

I am executor of my late brothers estate, consisting mainly of a condo in Northglenn , Co., which is to be sold and the proceeds divided among his children. It was badly damaged by a water leak from the upstairs unit, which he'd repeatedly complained about but was never addressed by the property managers of that unit. I've spent a great deal of money on renovation, replacing the bathroom ceiling,walls,and floor after repeated assurance they'd fixed the problem. It's still leaks a small amount under the toilet causing damage to our new ceiling, and although they act like they care and want to fix it, the situation has dragged on for over a couple years. The last time when I asked the renters upstairs if something was done, after the manager said he fixed it, I was told that someone just looked at it, grabbed it to see if the toilet was loose and said it was ''still good''. Now the management company won't return my calls. What recourse do I have at this point, and against who?


Asked on 7/30/08, 5:35 am

1 Answer from Attorneys

Re: Condominium Water Damage from Upstairs Unit

Well, your legal recourse is to sue the owner of the unit upstairs for the damage to your brother's condo. There may be a cause of action against the homeowner's association as well if the pipes that burst were in the area controlled by them.

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Answered on 7/30/08, 12:50 pm


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