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September 14, 2005
OK - WHAT ABOUT THE OWNERS WHO LIVE WITH UNRESOLVED LEAKS?
I have done a number on Associations that get battered by owner non-responsibility and apathy. So its time I stick up for some of the owners who get the shaft. (It's really not a perfect world, is it?)
Believe it or not, some boards go "into hibernation" when a leak is reported and mold is discovered. The problem is of course that when they bury their heads in the sand, their derriers are still exposed.
And there are the situations where a leak is reported, and the Association just cannot seem to get the roof fixed right (in a situation where the Association is responsible for leaks). Maybe its the contractor hired that cannot diagnose the leak (maybe its a handyman who caulks around the area where the leak is reported but cannot imagine it might be coming under the rafters or be diverted by the very construction of the walls). Sometimes a board waits too long to do a roof replacement and tells the members they "just have to live" with the leaks. Now we are getting into an arena where there may be Association liability for interior damage to floors, fixtures, furniture and other stuff. Negligence may be a dirty word. It has to do with duty, breach, causation and damages. If an Owner reports a leak from the roof right away and the Association fixes it, there is usually not a lot of damage. Areas can be dried out and the roof can be repaired. But if the leaks are ALLOWED to continue for a long period of time, the party originally responsible to diagnose the leak or repair the area where the leak occurs will probably be held responsible for all damages that "flow" from the leak (its a big legal term - one that actually makes sense here!). If the Associaton has a problem and hires a contractor to remedy the problem and that contractor fails - the Association could be found to have a duty to look at another contractor or hire a diagnostician of appropriate qualifications, or to pursue the contractor for poorly constructed repairs.
Thus, in any situation where an Association has responsibility for the component (hence - a duty) through which the leak is occurring (yes, like the roof, siding, windows, doors, etc.) and the leak is reported, and the Association fails (in the duty it has) to get the leak to stop, then there is a problem (breach) and the Association may be responsible for any of the damages caused by that failure.
I hope this balances out things to a degree. Neither "side" is right all of the time, if you want to chose sides. However, if in doubt, try serving on the Board for awhile and you will probably see that some problems (like roof leaks) can seem unresolvable at times. Many problems challenge the Board to find the right kinds of experts. In order to find them, all I can say is attend seminars, join ECHO (directors and everyone else), CAI (everyone), and CACM (managers) and get educated, come to exhibits, pick the brains of your neighbor and the professionals and vendors who attend, and don't sit on your thumbs!
Posted by Beth Grimm at September 14, 2005 12:54 PM