What to do if a common kitchen drainpipe failed and ruined my laminate floor but now the condo forcing me to accept flooring of their choice?

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What to do if a common kitchen drainpipe failed and ruined my laminate floor but now the condo forcing me to accept flooring of their choice?

Managing agent lied in a written letter to us 3 years ago, stating that they would insure me. I assumed I was insured at the time of the incident and further assumed they were keeping my policy info in a file cabinet somewhere. I mainly want compensation for my flooring but if it goes to court, I would add lots of other things to make it worth my time and money.

Asked on June 17, 2012 under Real Estate Law, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most likely if the kitchen drain pipe failed in a common area of the location where you reside, the HOA is obligated to pay for the costs of repair. Since you own your own condominium you are under no obligation to accept the flooring chosen by a HOA representative.

I suggest that you pick out your choice of flooring and have it installed paid by the HOA. If problems develop with the HOA, I suggest that you consult with an attorney experienced in planned unit developments.


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