Most likely the water damage from the upstairs unit is the responsibility of that unit owner and the Association can't get involved. To be sure you should hire condo lawyer to review the governing documents. Otherwise you will need a real estate lawyer to bring an action against the other unit owner. If there is a mortgage on the property you are at risk of losing the property to foreclosure by the bank and the assessments will need to be current or the association can foreclose.
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.
You need a real estate attorney and someone familiar with condo law. Cannot tell you if it is worth it, as you dont provide any details.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
You will need a real-estate attorney. You will have to do the math to determine whether it is worth it. It will depend upon the cost to fix and the value of the unit. You may want to consult with a realtor. The owner of the unit will be personally liable for unpaid dues.
The association may be responsible and you may be able to put in an insurance claim. These are all issues to bring up with your attorney.