Condominium Association Not Automatically Responsible in Water Damage Cases
Condominium owners often believe that water damage to their units automatically makes that Condominium Association responsible for repairs. Fortunately for New Jersey's condominiums, that is not the law. Last week, I along with Deborah Dunn, a member of the Firm's Community Association group, won a summary judgment motion on behalf of an Ocean City, New Jersey Hotel Condominium against a unit owner that claimed to have suffered interior water-related damage.
This owner believed that he could prevail without an expert to testify that the damage suffered in the unit was proximately caused by the Association's action or inaction. The owner, incorrectly, believed that all he had to do was establish that there was water damage to his unit, and the court would rule that the condominium was at fault. The trial court rejected this belief, criticizing the owner's "leap" to his conclusions against the condominium.
This decision shows yet again that condominium owners will mostly need experts to previal in a leak-related lawsuit against a condominium. It further shows that a condominium is not automatically responsible for any water damage to a condominium unit.
When faced with an owner claim regarding water damage to a unit, a condominium must investigate the leak to ensure that it is not, in fact, related to a "common element". If it is, the condominium then, of course, must act to stop the leak and preserve the property (in such a situation, the condominium may still not be responsible for the damages, but that's a topic for another time). If it is not, the Association should put the affected owner(s) in contact with the owner(s) responsible for the pipe, for example, so that they can all work together to address the leak and resulting damages.
Once the relevant owners are involved, the condominium may have an obligation to make its alternative dispute resolution process available to all owner, so that they can work out responsibility, damages, etc. short of litigation. Here, the Association has no obligation other than to make the ADR available (it cannot force any of the involved owner to participate).
Question: Did the order granting summary judgment recite the reasons you gave? If so, may I have a copy of the summary judgment? I am defending a condominium in Florida on similar grounds.
If foundation cinder blocks become wet consistently when heavy rain occurs and if I have an expert inspect the problem and give in writing his expert opinion as to damage, potential damage and even the possibility of mold occurring would this be sufficient in bringing a lawsuit against the Condominium Association if they refuse to repair and waterproof the outside area. (In New Jersey)
Mr. Bergeman, I received and reviewed your question posted. The short answer to your question is no. The expert must instead be prepared to opine that this interior wetness is caused by some deviation or defect in the walls or other common elements, otherwise the association has no fault. Further, even if the expert can so opine, the association would only be liable for the consequences flowing from the water if it failed to act/investigate after notice.
I hope that this was helpful
What about the needed repairs to fix said problem in condo unit? Whose responsibility: the association or unit owner? How do you define commom area for basement units? Thanks. Steve.
Follow up point to my previous post.
Would this be considered common area work? As part of the needed work includes: "to dig a trench approximately one foot deep below the "footings" of the building and along the exterior of the foundation."
Is solo basement unit or condo assoc. responsible in your opinion? Please be specific as possible. Thanks.
In all likelihood responsibility would rest with the condominium but there could be various factors that would impact my opinion. Thanks.
If my roof leaks in my condo (for a second time after being repaired once already by the association approx 6 months ago) is the homeowner (me) responsible for the water damage to the ceiling? If the damage is directly linked to a defective common element, who is responsible?
It depends on whether the Association has prior notice of a leak and failed to act, or of a condition that could lead to a leak and failed to take action.
I hope that that helps.