Legal Question in Real Estate Law in New Jersey

Hello. I'm hoping to get advice on the following:

My husband and I purchased a condo in NJ in 2007. From about a month in, there was a rain storm that brought about leaking from the roof, through the attic space, down through our bedroom ceiling. It was pretty obvious to us that this had to be a preexisting issue since the ceiling appeared to be patched unprofessionally. The condos are attached and have slate roofing and, my guess, is that there is no routines preventative maintenance done. So, I contacted the management company (contracted obo the condo association) and was told that they would send someone out to assess the damage; but ultimately the damage to the inside of the unit would be our responsibility. They eventually sent someone out and appeared to have done patchwork on several of the roofs in the complex. Fastforward to the present, we are no longer living there; but still own the unit. We have a tenant who called last week to inform us that, after days of rain, the same problem happened to her, in the same area of the unit. My questions to you are: 1. can we sue the management company for failing to perform preventative maintenance on the roofs? 2. Since it's in our bylaws that the owner is responsible for damage occuring inside the unit, can we link the faulty roof and their lack of maintenance to this reoccuring damage to the inside of the unit? Thank you in advance for your responses.


Asked on 10/10/10, 8:46 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Yes, you can challenge this. The condo association is liable to keep the roof in good repair.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

Read more
Answered on 10/18/10, 7:14 am
Walter LeVine Walter D. LeVine, Esq.

I have not reviewed your condo documents, but most association by-laws require that they regulalrly maintain these items. Is this covered in the association's annual budget. If you can establish that interior damage was caused by neglect to maintain outside facilities, such as the roof, they would be responsibe for interior repairs also, notwithstanding the language in the by-laws. One problem with water leakage from roofs is that the damage might not be in direct line from where the roof leak starts. Water will find the path of least resistance, so if units are attached, the damage that requires repair could actually be far away from your unit. Also, if there are chimneys or skylights, the problem might not be a poor roof, but faulty flashings. Perhaps it is worth the cost of an independent roofer to establish where the leak is and what needs to be done. Again, if this cause is due to association neglect or imrporper repair, these costs should be reimbursed. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship

Read more
Answered on 10/18/10, 8:03 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey