My condo was flooded by another condo and the association won't handle it.

Asked almost 5 years ago - Norcross, GA

An abandoned condo had pipes freeze/burst and flooded condos on both sides. The Association says I'm responsible for their deductible. The abandoned condo is in foreclosure according to the Association. Also, noone has come to clean up the abandoned condo and there are concerns of mold/mildew that will spread into my condo and the other affected unit.

Attorney answers (2)

  1. Brian E. Daughdrill

    Contributor Level 14

    Answered . This is one of the ongoing issues related to the real estate market melt down. Your question is more complicated than can easily be answered here. First you must review your condo documents to see who is responsible for what. This should be spelled out. Typically the association would not be liable for interior damages but it isn't clear where the leak or line breakage occured. You would also have a claim against the unit owner whose pipes burst. If this is the bank, there may be a viable solution there.

    This response is for informational purposes only and may not be deemed to create an attorney client relationship. If you wish to discuss your particular case with one of our real estate attorneys, please contact us in private.

  2. Randall M. Lipshutz

    Contributor Level 16

    Answered . You might want to consider being a bit more aggressive with your association. While you can't easily force the assocaition to take action if they don't want to, you should put them on written notice that they will be responsible for mold/mildew spread into your unit. Although the interior of the other unit is the owner's responsibility, the association is responsible for the common elements between the units. You could send the association notice that if they allow mold to affect your unit by coming through the common elements, you will hold the association responsible, and they might be responsible. The association normally has the authority to address these situations and charge the costs back to the unit owner. It is an economic burden, but one the association probably should take and seek to recover the costs. If the situation is not taken care of, they will have a bigger problem after mold and mildew infect the building. If that does not work, you could also go after the bank if the foreclosure has taken place already. As for the deductible, you may be responsible for the deductible. While the association may have insurance that benefits you, unless the documents provide otherwise, you can be responsible for the deductible

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