Legal Question in Real Estate Law in Pennsylvania
30+ year old anequated pump station in condo development
Do I have the right for lawsuite? I own condominium in development. Pump station located outside. When power outage and misc times, pump station shuts off, no back up generator. Toilets in condo overflow after one flush. This effect property value. I want pump station replaced. Also has electrical connection on patio, makes noises, smell, spouts,etc. With no back-up generator, I find it scary to know that our condo development has an anequated system with no back-up generator. If no power for many days, could lead to unhealthy conditions for many condos. I don't think it is fair for my occupants, I own the condo but don't live there, to have to live under these unfair conditions. I have written to property management and our board with not results. I have recently sent them a certified letter stating I want to meet with them at the next board meeting. I am trying to maintain my property value. How can I rent or sell the property if I need to disclose about the pump station. I have been told by servicement that I have spoken to when they have serviced the pump, that is needs replacing. There are two toilets that overflow. Has not yet effected other units. Please let me know if I truly have a case? Thank you.
1 Answer from Attorneys
Re: 30+ year old anequated pump station in condo development
I see a few things that get in your way:
1. When you bought the unit, the pump station was presumably there and so disclosed to you. The pump station by itself is no cause for you to bring a lawsuit.
2. When the power fails, nothing works. Unless your power is failing because of some failure of the Association to maintain your electrical facilities, a power failure is generally an act of God, for which everyone suffers, and no one but God is responsible for. If for some reason you have a lot of power failures, then keep good records showing when the power failed, and the result on your unit. If the situation is repeated beyond what is normal in your area, and the cause is maintenance related rather than weather related, then that would be evidence for you to use t some time in the future.
3. If the service man said that the pump station needs replacement, then you should raise that issue with the community manager and the Association. Ultimately is it up to the community manager and the association to manage the community - not individual residents - and so if they look at the situation and decide that they are going to get another year out of the existing equipment, then that is their decision to make, and the courts will generally not second guess a business decision made honestly and fairly by a board.
4. You say that your two toilets overflow - but no one else's does. Can you prove that this situation is related to the pump station and not some other cause that is more specific to your unit? When you bring a lawsuit, you have to prove your case. You would likely need a plumber or some other specialist who inspected the facilities and was willing to testify on your behalf.
If the Association is negligent in performing duties around the community, and if as a direct result you are damaged, then you have a claim against the Association. I don't see much in what you describe that could be negligence. It looks more like Buyer's remorse to me - that you are unhappy having bought a unit near a pump station.
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