Aa a condo owner, am I laible for paying a repair bill if my property management company did not follow proper procedure?

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Aa a condo owner, am I laible for paying a repair bill if my property management company did not follow proper procedure?

I own a condo that has been empty and is on the market for rental. A few days ago at around 8:30 pm my downstairs neighbour reported water leaking from my unit into his. He called the property management company who dispatched a plumber and a locksmith to open the door and fix the problem at 12:30 am. It was a leaking washing machine and all the plumber did was turn off the water. The property management company has sent me the bill asking to pay for the repairs/locksmith. However, if the owner of a condo is not present the the management company is supposed to call the owner first.

Asked on July 14, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you described in your question factually is a classic emergency situation needing a quick response. First, the neighbor to your vacant condominium called the property management company at 8:30 in the evening reporting a water intrusion issue. The property management company then sent a plumber and a locksmith to gain access to the unit to check on the water problem where a leaking appliance caused the problem and the problem was fixed.

Now an invoice was sent to you for the plumber and locksmith  services by the property manager for the incident and you do not want to pay for it.

What does your contract with the property management company say about emergency situations as the one described as to repairs and contact? Your contract with the property management company would most likely answer your question if there is a written contract.

If there is no written contract between you and your property management company discussing payment for repairs in an emergency situation, it seems that the management company acted promptly and responsibly where you should pay the plumber and locksmith bill.

If you have insurance for the condominium, you might consider making a claim to the carrier for any water damage repair. Do you know how the washing machine began leaking water? Who used it last and when?


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