Legal Question in Real Estate Law in Virginia

Condo Association Responsibility
I live in a Condo. I discovered water damage in the closet (ceiling, walls and particle board shelving) of my master bedroom. The damage was caused by a leak in the roof. The bylaws state that the roof is a common element and the Condo Association's responsibility. Initially, the association's management company sent someone out to evaluate the damage and start repair. The REPAIR solution was to paint over the water damaged area of the drywall and particle board. I have requested that the particle board be replaced since all research that I have been able to perform indicates that that drywall can withstand some water exposure, but, that particle board CAN NOT (note: The damaged particle board looks to be flaking apart, saturated with water, darkly stained and causes me concern for a potential mold issue.). The management company is balking (due to COST concerns)and wants ME to go out and get an estimate. I have stated that I view this as their responsibility since the damage was a result of a common element. At this point, they have stopped responding to my e-mails.

Is the assoc. responsible to repair damage, caused by a common element failure, back to original condition?
How do I get a response and proper repair?

Asked on 4/25/04, 2:40 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Condo Association Responsibility

You should take full advantage of the management company's request that you obtain an estimate which presumably will in effect corroborate your analysis (which I believe is correct) of the problem as well as the solution required to resolve it.

In fact, you might want to consider obtaining two such estimates.(Any costs which are directly billed to you for these estimates should be turned over to the Association for payment.)

Answered on 4/25/04, 4:00 pm

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