Legal Question in Civil Litigation in Massachusetts

Condominium - Basement Water Leak

We live in a townhouse. There was abasement water leak (foundation) following a heavy rainstorm. There was damage to finished room (rug, etc). Our homeowners will not cover damage from basement leak. The Assoc. repaired the foundation (their resposibility). Are they reponsible for resulting damage also?


Asked on 1/29/09, 10:43 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Condominium - Basement Water Leak

Retain an attorney to review the condo association agreement and all bylaws along with both their and your insurance policies to determine where liability lies. Good Luck!

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Answered on 1/30/09, 2:27 pm
Alan Fanger Alan S. Fanger, Esq.

Re: Condominium - Basement Water Leak

If the problem originated in the common area, and if the trustees were aware of the foundation problem, then you could hold them and their insurer responsible for the the damage to the room. However, you would have to establish that the trustees (or their management) company were aware of the problem and failed to act to repair the foundation prior to the storm.

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Answered on 1/29/09, 10:50 am


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