Can I sue my condo board for lack of hot water?

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Can I sue my condo board for lack of hot water?

I live in a luxury high rise condo. For the past 10 months approximately 50 units in the building have been experiencing intermittent delays in hot water delivery. These delays can occur on a daily basis at various times during the day and it can take up to 10 minutes for the hot water to be delivered. As unit owners, we may a monthly maintenance fee to our condo association that includes hot water. We have pushed our condo board to try and resolve this hot water issue with the development company, however, no progress is being made. Is suing the board a viable option?

Asked on August 30, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have the right under the laws of all states in this country to file suit against the HOA with respect to issues concerning problems with the delivery of hot water. The damages would be for the costs of repairing the system. To prove such you would need to get an estimate from a third party professional to inspect the system, come up with a scope of repair and then an estimate. I suggest that you consult with an attorney that practices in the area of planned unit development law as well as construction law.


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