Harrisburg, PA asked in Real Estate Law for Maryland

Q: Does Section 11.114 of the Maryland Condo Act exempt my Condo Association from covering the repair cost to my floors?

My hardwood floors sustained substantial damage from a water leak that originated in the heating system. My condo unit is only 10 years old. The repair/replacement cost is approximately $18 grand and my condo association is taking the position that they are not responsible for the cost because the hardwood floors were an "improvement" to the condo unit which they state exempts them from any responsibility. Please advise. Thanks

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: Have you filed a claim with your homeowners insurance? For $18,000, which you can easily pay counsel to try a case on whose responsibility is primary, you ought to let the two insurance carriers battle it out. They will usually do that in an abbreviated arbitration proceeding to which you won't be invited, but you will be walking on repaired or replaced floors. Only if the insurance companies both stick you should you pay a lawyer to review your condo documents as against the statute.

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