If Ilive in a condominum, who is reponsible for interior damaged caused by an exterior building defect?

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If Ilive in a condominum, who is reponsible for interior damaged caused by an exterior building defect?

A few years ago, I had water running down my interior walls, caused by a leaky roof. The condo association fixed the leak but refused to paint the interior where there were water stains. It saidthat any interior damage was my responsibility. Again, the roof is leaking and I’m finding water stains on my living room ceiling. I want the roof fixed (yet again) but I’d really like the condo association to pay for the pain job inside. Do I have a case?

Asked on October 3, 2010 under Real Estate Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Yes, I believe that you do.  Any damage caused by an issue that relates to a condition or area covered under the condo itself's control should be paid by the insurance for the condo association itself and not be covered by you or your insurance. They should have filed a claim for you the first time that it happened and now again.  You have every right to make a claim under the insurance here, unless there is some other document that states otherwise, and I tell you that I would question the validity of that document should it exist.  Bring all your paperwork (for the condo) and photos if you have them to an attorney to review.  Good luck.


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