Tree is outside my unit in the front. Tree is maintained by the association. Even though by laws state that they maintain the tree nothing there shows i bare the responsibility. When management company approached there attorney he sighted case law as the reason they do not have to pay for the repair which was 2200.00
Your condominium declaration is going to set forth the rights and obligations of the association vis-a-vis the unit owners and who is responsible for what repairs/damage. Generally speaking, an association is responsible for anything damage to or emanating from the common elements, including subsurface issues and exterior walls. However, in order to provide an accurate, helpful answer, you will need to review your declaration with an experienced real estate lawyer who specializes in or is well versed in condominium law. Have your attorney deal directly with their attorney to resolve the issue. Best of luck.
Their attorney does NOT represent your interests. You need to hire your own attorney to defend your rights. Anyone can cite to anything - that doesn't mean it is dispositive. Have your own attorney review the condo docs and by-laws.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts and Planning for the care of disabled children and adults.
You need to hire an attorney to review the declarations and bylaws. The association is going to tell you they are not responsible hoping you won't spend the money on a legal opinion of your own.
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.
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