What canI do if my condo’s management is making exterior renovations thatare causing damage tomy interior?

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What canI do if my condo’s management is making exterior renovations thatare causing damage tomy interior?

Granted management has full rights to the exterior property and does not need my permission to renovate. However, their new “renovations” are damaging the inside of my condo. My walls are cracking/ shifting, moldings are coming undone from drilling against my wall, etc. The quality of my condo is compromised (were I to sell, I would have to repair theses problems caused by my management). I have tried to contact them about this issue but they say there is no way to substantiate my claims. Is there any way to legally require them to stop their destructive “renovations” or reimburse me for their damage?

Asked on February 25, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a legal matter, if somone either negligently (carelessly) or intentionally (deliberate) damages or destroys your property, you can sue them. You could sue for monetary compensation (e.g. the cost of making repairs) or, if matters are ongoing for a court order requiring them to stop--or both; you could get an order stopping future work while also getting money for damage done to date.

As a practical matter, clearly you must be able to prove or substantiate your claim, which may take some expert testimony--e.g. bringing in an architect, contractor, home inspector etc. who will examine your home and be willing to report on, and if necessary, testify to, the damage done. Simply relying on your own testimony will be much less exact and persuasive. You should contact an attorney with experience in HOA disputes and discuss the case with him, to see what it might be worth and also what it might cost to pursue it. Good luck.


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