water from the gutters in my condo is damaging my ballcony, can i take any action against them for damages?

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water from the gutters in my condo is damaging my ballcony, can i take any action against them for damages?

the manegment com. sayes they pay $1000 for gutter repair a year. Forced me to get it repaired for $1415 because its dameging other units. I lived here for 5 years and the gutters have always been damaged.

Asked on May 15, 2009 under Real Estate Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is something that you might want to discuss with an attorney in your area.  One place to find a lawyer who does real estate and condominium work is at our website, http://attorneypages.com

In general, the condominium association -- and the management company that the association has hired -- is responsible for repair and maintenance of the common elements of the building, without a dollar limit on the annual expense.  Whether the gutters are part of the common elements or part of your unit depends on how your condominium is set up, and the condominium documents might have different treatment described for gutter repair.  These sorts of questions often have complicated answers, and will depend on the unique facts of each case and the way the documents are worded.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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