Thursday, October 2, 2025

Condo repairs after AC leak

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Condo Repairs and Association Responsibility

Introduction to the Issue

Condo repairs can be a frustrating and costly issue for unit owners, especially when the source of the problem is a common area element, such as an air conditioning unit maintained by the condominium association. A recent query from a condo owner, Daniel, highlights this dilemma. Daniel lives in a condo on the top floor, where about a year ago, a leak caused by the condo association’s AC unit damaged his wall. The association claimed they had repaired the unit and roof but stated that repairs to Daniel’s interior were his responsibility. Recently, the same leak happened in the same spot, caused by the same AC, leading Daniel to suspect that the original repair was improperly done.

Understanding Legal Responsibility

The law is clear that condominium associations are generally responsible for maintaining and repairing common elements. If their failure to do so properly results in damage to individual units, they may be held liable. This principle is crucial in determining who pays for condo repairs, especially in cases of recurring damage like Daniel’s.

Prioritizing Safety and Documentation

When dealing with water damage, safety and documentation should be the priorities. Water intrusion can lead to mold growth, structural damage, and other hazards; therefore, it’s essential to address the issue promptly. Taking photos and videos of the damage and keeping a detailed journal of all communications with the condominium association and other actions taken is vital. If immediate repairs are needed to prevent further damage, documenting the work and saving receipts is also necessary, as this evidence will be crucial if a claim is pursued.

Assessing the Situation and Potential Claims

The repeated nature of the water damage raises questions about the adequacy of the association’s initial repair efforts. If the same leak has occurred multiple times in the same location, it may indicate that the underlying issue was not adequately addressed. This could strengthen a claim of negligence, particularly if the association was aware of the problem and failed to fix it properly. The fact that other units below yours have also been affected further suggests a broader failure to maintain the common elements, which could bolster your case.

Pursuing Legal Action

If you decide to pursue legal action, it might be helpful to coordinate with the owners of the affected units below yours. Working together could help demonstrate the widespread impact of your association’s negligence and increase the likelihood of a favorable outcome. Consulting with an experienced attorney who is familiar with condo law and can help you navigate the legal process, assess the strength of your claim, and determine your best course of action is highly recommended.

Conclusion

In conclusion, when dealing with condo repairs caused by common area elements, it’s essential to understand the legal responsibilities of the condominium association. Proper documentation, prioritizing safety, and potentially pursuing legal action with the help of an experienced attorney are key steps in addressing recurring water damage issues. By taking these steps, condo owners like Daniel can seek the compensation they deserve for damages caused by the association’s negligence.

FAQs

  • Q: Who is responsible for maintaining common elements in a condominium?
    • A: The condominium association is generally responsible for maintaining and repairing common elements.
  • Q: What should I do if I experience water damage from a common area element?
    • A: Prioritize safety, document the damage, and communicate with your condominium association. Consider consulting with an attorney familiar with condo law.
  • Q: Can I pursue legal action if the association’s negligence causes damage to my unit?
    • A: Yes, if the association’s failure to properly maintain common elements results in damage to your unit, you may be able to pursue a claim against them.
  • Q: Is it helpful to work with other affected unit owners if pursuing legal action?
    • A: Yes, coordinating with other affected owners can help demonstrate the widespread impact of the association’s negligence and may increase the likelihood of a favorable outcome.

      Q: I live in a condo on the top floor. About a year ago, there was a leak caused by the condo association’s AC unit, which damaged my wall. The association claimed that they had repaired the unit and roof, but stated that repairs —to my interior were my responsibility. Recently, the same leak happened in the same spot, caused by the same AC. I suspect the original repair was improperly done, as the leak recurred. The association again states that I must cover the repair costs for my unit. I find it hard to believe that the damage caused by the association isn’t their responsibility. Do I have any recourse? — Daniel

      A: Recurring water damage in a condominium can be a frustrating and costly issue for unit owners.

      When the source of the problem is a common area element, such as an air conditioning unit maintained by the condominium association, the question of legal responsibility often arises.

      The law is clear that condominium associations are generally responsible for maintaining and repairing common elements. If their failure to do so properly results in damage to individual units, they may be held liable.

Safety and documentation should be your priorities when dealing with water damage. Water intrusion can lead to mold growth, structural damage, and other hazards; therefore, it’s essential to address the issue promptly.

Take photos and videos of the damage and keep a detailed journal of all communications with the condominium association and other actions you take.

If you need to make immediate repairs to prevent further damage, document the work and save your receipts. This evidence will be crucial if you decide to pursue a claim.

The repeated nature of the water damage raises questions about the adequacy of the association’s initial repair efforts. If the same leak has occurred multiple times in the same location, it may indicate that the underlying issue was not adequately addressed.

This could strengthen a claim of negligence, particularly if the association was aware of the problem and failed to fix it properly. The fact that other units below yours have also been affected further suggests a broader failure to maintain the common elements, which could bolster your case.

If you decide to pursue legal action, it might be helpful to coordinate with the owners of the affected units below yours. Working together could help demonstrate the widespread impact of your association’s negligence and increase the likelihood of a favorable outcome.

Consult with an experienced attorney who is familiar with condo law and can help you navigate the legal process, assess the strength of your claim, and determine your best course of action.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

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