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Hi all. Here's the situation. We have 15 units in our condo complex. Five units are duplexes with access to a very small back yard. Other than the air conditioning boxes being in those yards, they are not considered common areas...essentially, they are the responsibility of the duplex owners.
The challenge is that our condo complex (I reported on this earlier) was poorly constructed, and it seems that this development carried as far as the yards. In at least two, drainage is so poor that after heavy rains, the water leaks into one of the duplex's basements. A water test proved that the yard was not holding water...even if seams were sealed and the windows sealed...the water would probably still seep in. We believe that there needs to be some sort of underground drainage, perhaps a tank of some sort or a trench.
The question is who would pay for fixing this problem? The building or the owner? We have so many building expenses at this point because of shoddy construction...but those are to common areas or for the overall protection of the entire complex. And, we are assuming that the drainage issue came with the complex...but perhaps it is a result of some other issue...we are not sure.
Your feedback would be helpful.
Thanks.
If it's the building's property, they are the co-op's responsibility. Especially if they pose a problem for the foundation.
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While I'm not a lawyer, whom I would suggest you confer with, I'm not sure it matters if it's a common area or not, but rather if it falls under the purview of the condo's upkeep responsibility, like fixing and replastering an owner's wall that has suffered water damage because of a burst pipe inside the wall.
This seems no different to me than water getting into a top-floor owner's home because of a leaky roof. The fact that building-wide A/C boxes are there, as they often are on roofs, adds to the comparison.
In addition, water leaking into ground-floor apartments threaten the foundation of the building, which is a building-wide concern, and a building-wide benefit. Forcing the private owners to fix this problem would almost certainly entail a lawsuit that would be expensive for all involved -- indeed, may cost the condo association more than the fix.
Whether the building as a whole has many expenses is not a factor in determining who is responsible for the fix.
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