I live in a 1st floor apt, a neighbor located 2 floors over me (3rd floor) had a liking problem a couple months ago. The apt located on the 2nd floor and my apt (1st floor) got a damage because of that. the "manager" of the 3rd floor apt. fixed the damage on the 2nd floor apt. but he doesn't want to fix my apt (1st floor), because he states the "owner" of the 3rd floor apt, where problem began. hasn't give him any approval to repair my unit and the Building association is trying to make his to respond, but it been impossible to reach the owner. The Association is not sure about who really is the owner, because according the information they have, the owner lives out of the country and they have tried to reach him, but he never answer the phone. What can I do if nobody wants to respond?
Residential Real Estate Lawyer
If you have insurance, claim it on your insurance and let the insurance company sort it out. If you don't have insurance, you would have to file a claim against the owner of the 3rd floor unit and you would have to try and mitigate your damages by having the repairs done. The association is usually not liable unless the problem is caused by something they own, such as the roof.
If you are unsure of the duties of each unit owner or the association, you should refer to your governing documents (the Declarations and Bylaws). If you need assistance in understanding these documents, as they can be quite difficult sometimes, you should consult with a condo lawyer or a real estate lawyer.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Real Estate Attorney
This is a common question from condo owners. The practical answer is that you should make a claim under your condo owner's insurance policy. The insurance company will fix the problem and sort out who is responsible. If you were not smart enough to carry this insurance, you should consult an experienced real estate lawyer in your area about the solutions that are available to you
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.