What to do about a condo association’s inadequate repairs following a fire?

UPDATED: Nov 28, 2010

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What to do about a condo association’s inadequate repairs following a fire?

I own a multi-level town home within a condo association. There was a fire in the lowest level of the home causing damage throughout. During the reconstruction of my home the association took responsibility for the carpeting (sub-flooring) in my home by replacing it on the level that had the fire, and cleaned the top 2 floors carpeting. Upon our re-occupying the home it was still enveloped with a strong and over overpowering smell of smoke. I have twin boys that are 2 years of age, who suffer from lung issues from being born prematurely. What are my rights?

Asked on November 28, 2010 under Real Estate Law, New York


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

Answered 12 years ago | Contributor

I am assuming that the condo association took responsibility for the carpeting and sub flooring because they fire was caused by something within the control of the condo, yes?   Otherwise, if the fire was caused by something within your condo then it is your responsibility - and the responsibility of your insurance company - to deal with the claim.  Did you report it to your insurance company and did a claims Representative come and take a look at the condo?  The carpets may be holding the odor and may not be salvageable.  They may need to be replaced as well.  And the walls probably painted.  Get help with the claim.  Good luck.

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