Legal Question in Landlord & Tenant Law in Massachusetts
Association liability
In a recent rainstorm,
water flowed through a leaky roof over the condo building where I live. The water soaked and stained two ceilings and furnishings in my condo unit below.
The property manager said ''since the leak was repaired within a few days of being told about it the association did their job.''
He claims it's up to me to make the repairs to my unit since as an owner I'm responsible ''from the bottom of the joists to the studs.''
Isn't the association responsible for repairing property damage to a unit caused by a leaky roof over the building?
Thank you.
2 Answers from Attorneys
Re: Association liability
The property manager is wrong. The roof constitutes a "common area" of the condominium, over which the trustees have exclusive control. To the extent that a failure to maintain that common area caused damage to the interior of your unit, you may look to the trustees for financial responsibility for the loss you sustained.
I do quite a bit of work in this area and would be happy to discuss the matter with you in further detail.
Re: Association liability
The property manager is wrong. The Association is responsible for the damage as a result of the failure to maintain the roof properly. moreover, the association's insurer should cover the cost of the damages to your unit depending upon the deductable.
Please feel free to contact me if you need assistance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
