Can I sue the condo management company if it is not keepingour condo complex/unit up to code?

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Can I sue the condo management company if it is not keepingour condo complex/unit up to code?

Approximately 2 years ago we had a very bad storm which caused major ceiling damage to our bedroom in our condo unit. They paid to have it fixed since there were several claims and promised us the roof would be fixed. Again we are going through the same scenario – ceiling is cracked, leaking, and it’s spreading. This time we were pro-active and so the minute we started to notice water in the storage units above, we started taking photographs of the water and the snow and ice build up on the roof. We are thoroughly concerned about the damage but also the health repercussions of all the water. Can the town be held responsible for allowing this?

Asked on February 7, 2011 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, what does the town have to do with any of this?  Your initial question before the last line of the explanation led me to think that you wished to sue your complies for failing to repair that portion of the common area that is in disrepair and is causing damage to your unit.  Even without reading the rules and regulations of your particular condo - which needs to be read by an attorney in your area - I could say with 99% conviction "yes, you can sue them."  You may also want to ut in an insurance claim for the damage to your unit an have your insurance company sue the condo itself, which may get them moving to fix the problem form where it starts.  But if you want to sue the town for changing the code I fail to see a nexus to bring suit.  Seek legal help in your area.  Good luck.


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