Can I sue my property management company if my property has been damaged due to their negligence?

UPDATED: Sep 9, 2011

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Can I sue my property management company if my property has been damaged due to their negligence?

I own a condo on the top floor of a building. Over 3 weeks ago I report to my management company my roof was leaking. As of today, the roof still has not been checked. I have been lied to by the management company and now mold is now growing in one of my rooms that has been damaged. After reading my management contract, I feel this is cause for negligence as I now have to move out as well as alter my work (I travel to Asia regularly but now cannot). Do I have grounds to sue and, if so, should I see a civil litigation lawyer about this? In Hudson County, NJ.

Asked on September 9, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written it seems as though there might be grounds for you to bring a legal action against your property mangement company and the homeowner's association concerning water intrusion issues you are having with your condominium.

You should consult with a real estate attorney experienced with homeowner's associations and provide him or her a copy of all association rules and recorded "covenants, conditions & restrictions" in that the repairs needed may be part of a common area that is the association's responsibility. Potentially the association may have homeowner's insurance to pay for the needed repairs to your unit and the roof.

You will also need to retain a licensed contractor and possibly a roofer to come up with opinions for the cause of the water intrusion and estimated costs to fix.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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