Legal Question in Real Estate Law in New Jersey
I live in a 25-year-old condo. Per the Master Deed for my condo association, the association is responsible for maintenance and repair of common elements and the subfloor of each unit is part of common elements.
The floor of my condo is significantly out-of-level because the floor trusses (that support the plywood subfloor) are deflected (sagging) by as much as 1.5� over a 6 foot span. Over a year ago I asked the condo board to fix this problem. They brought in a structural engineer who recommended reinforcing the floor trusses and left it to the board whether the floor trusses should first be jacked up before being reinforced. The board decided not to straighten the trusses by jacking because they were concerned that jacking would cause collateral damage to the structure. Instead, they directed a contractor to reinforce the floor trusses in their sagging position.
Now, a year later, I am left with a strengthened but still sagging floor. It will be difficult to sell the condo in this condition. I have talked with contractors who say that leveling the floor, depending on the method, could cost $5K or more. I asked the Condo board to pay for this, but they have refused, claiming they have fulfilled their responsibility and have no remaining obligations to remedy the sag in the floor.
Is the association correct? If not, is it smart to sue the association or pay to have the floor fixed? The association has a structural engineer and contractor who will support their position. I suspect they will argue that the floor was not level when I bought the condo or that the floor is a cosmetic issue which is not their responsibility. I wonder if I may need to hire my own structural engineer to support my case in court (?) With lawyer fees and less than a 100% chance of winning, I wonder if I am better off paying to fix it myself. Thanks for any advice.
3 Answers from Attorneys
You have made cogent arguments both ways. I have not read the Association By-Laws, so I do not know if there is an appeal process. Further, I do not know what is the value of your unit. However, unless the By-Laws allow for legal fees and costs, if you were to successfully sue, I imagine the cost of experts and legal fees, even if you were successful (and you recognize that you might not win the suit), might easily double the cost of fixing the condition yourself. I suggest biting the bullet and fixing the condition yourself. I also suggest you put the Association on notice as to what you are doing and why, so you are not sued for a possible violation of the By-Laws. I would also suggest you inquire of other unit owners as to their sub-floor conditions. This may have been an original construction defect and there may be other remedies available. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
You are wise to beleive that you need a structural engineer. Your attorney fees will probably be more than $5000,
The improper use of trusses in building floors is a known problem. Trusses do not bear live load in the same way as more traditional construction. This became a problem about 20 years ago when some contractors believed that they could use the same trusses for floor support that they had been using for roofs. If the building is still covered by the warranty, your first inquiry should be there. If you get no satisfaction there, consider having the problem corrected and suing the association for what it cost. If carefully set up and documented, that will be less expensive than having the experts argue about hypotheticals and you are guaranteed that the problem will be corrected. You may recover some costs and your counsel fees should be less.
I handle matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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