Reston, VA asked in Real Estate Law for Virginia

Q: I have water damage in my condo that is our associations responsibility to fix. Can I sue them to complete the work?

I have had multiple occurrences since purchasing my condo in 2016. I have documentation asking for the damage to be fixed multiple times and each time it is patched up temporarily. I have had furniture damaged, rugs damaged, lighting fixtures damaged and my association refuses to take the lead on completing the work. I want it to be permanently fixed. Can I force them to do so?

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1 Lawyer Answer

A: You may be able to bring legal action against the Condominium Association if they fail to take responsibility for something that is their responsibility. However, determining what is the CA's responsibility and what they should do is complicated and requires both a knowledgeable review of the Condominium documents and an understanding of commonly acceptable repairs -- just because a water issue originated in common area does not necessarily mean that they have to take the action you think is necessary in this case. I recommend reaching out to an attorney with experience in Condominium law for a detailed review.

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