Q: I have a disagreement with my condo HOA about who is responsible for a leak and damage. How should I proceed?
There is a leak inside the floor-ceiling cavity that has been there for at least two years that has caused significant water damage to the unit below. The leak is just past the p-trap under my tub and has just been found. I believe our condo docs are clear that the rough plumbing in the walls is the HOA’s responsibility but they say it is my responsibility and want me to pay for everything.
I want to hire a plumber to fix the leak as soon as possible but I don’t want to jeopardize my legal position if I have to fight this in court. There is significant water damage in the unit below that they also want me to pay for. Can I write a certified letter saying I’ll fix it now, but reserve the right to contest it later?
A: You are wise to seek legal advice before writing a letter. However, online internet forums are not the place to get actionable legal advice. My suggestion is to retain an attorney knowledgeable in condo law or perhaps in construction law (probably a toss-up as to which is "better"). Any attorney would want to review the HOA docs to determine who's on the hook for these sorts of damages.
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