Repairing My Condo Unit After Water Damage and Insurance Claim

[Jsmoil]

My question involves a condominium located in the State of: CT

I own a condo in Waterbury, CT that suffered a good amount of water damage in January. I called the property management company several times to clean off the roof but nothing was done which is fine, too late for that.

Feb 17th an insurance adjuster came to file a joint claim for all damaged Units. He told me that the damage would be split up and each unit would have it's own smaller report, but that one check would be sent to the management company.

I work with my father as a carpenter, we are licensed and insured, and I wanted to handle my own repairs as I've seen the work of the people our management company hires and it is very poor. It took 3 weeks of being passed from person to person before the companies owner called me and told me that I would not be recieving the money to fix my damages.

When I pressed him for a reason and explained what I do for a living, he told me I have to be licensed and insured, I told that my father's company is. He told me it didn't matter that it has to be me who is licensed and insured. I asked him who gets the money then, and he told me that it goes into the condo assc budget. The problem is we don't really have a condo assc, we tried to have meetings and appoint people in the past but the management company never recognized our decisions. They pretty much put one woman in control. That woman hasn't been living here for a few months now.

The whole thing seems like a big scam to me, I don't understand why he couldn't cite a legit reason for not giving me the money for my portion of the damage. I would like to get started, but it takes forever to get an answer from these people. They are experts in stone-walling and run-around. If anyone has any advice I would really appreciate the help. Thank you in advance.

[Mr. Knowitall]

The Condo Association hires the management company. If it's being ignored by its management company it can, if the situation is bad enough, fire the management company and, whatever the severity of the situation, can ultimately decline to renew its contract.

[InsuranceGuy]

Agreeing with Mr. Knowitall... the property manager works for the Association, not the other way around. It also sounds like the PM isn't empowering the Board of Director's and may be completely ignoring your By-Laws. If this is the case, your Association may have bigger issues you may not be aware of, ie: co-mingling of funds, etc.

Talk to friends who have condos... find out if they are happy with their PM. Once you have a couple of names, bring their PM's in to review your contract with your current PM. Have them tell you what the seperation clause states (how to break up with your PM) and ask them how they feel you should proceed. Good Luck!!

[DACONDO]

This is the third time my unit has leaked, although this time with the Ice Dams it really did a great deal of damages (6,500.00 worth).

After contacting my association that the leaks appeared to be back last spring, I was told not to call them unless it was coming out in buckets. They no longer wanted any one in the complex to call them, but to drop a note in the box out front. In the fall I alerted them that the front gutters near the windows, where the leaking occurs, that when it rained, they over flowed like water falls. All they said was the gutters were cleaned...I was home the day the landscapers (why they hire them baffles me) and they did not clean the gutters on the upper level.

The units are townhouses, side by side, only 2 per section and 2 floors, plus attic...no basement. End of January I notice the carpet is wet in my living room. I thought with all the snow, it was coming in from around the foundation. The next day I hear dripping coming from the first floor. I go down to find water coming in the front of the unit, running down the walls, ceilings, across the windows. Since it was 10 PM at nite, I waited until the next morning to notify the HOA. By Morning the water was now coming out the bedroom above the living room. And then I noticed along the top roof line in my second bedroom it was leaking there. I wrote the HOA to tell them, and said if I don't hear from you by 5 PM I will be calling them. I didn't hear from them, so I called. The head of our HOA should not be president. Things are falling apart at the seams.

The HOA told me they would contact the insurance company and a roof person. It was 3 days later that the roof person finally arrived. So for 3 days, my unit leaked, and leaked,. The HOA should have called someone to soak up the water, they did nothing. The roof contractor cleared out an ice dam 20 feet long by 18" deep, as well as a few years worth of sludge and leaves. (Thought they cleaned them, hmm). When he came back the second time, he said, this has been leaking for sometime. A week later the insurance adjuster came looked at the damages. The damages were to living room & master bedroom walls, ceilings, carpets and in the second bedroom, walls and ceiling, which also effected the hall. The adjust tells me they were going to replace everything but the bedroom carpet, that they would have them cleaned, now they had been sitting wet for over a week, the smell was unbearable and the HOA still had not come over and looked. I said so when do you think you will send someone to clean it...he replied...after he finishes doing the claim, which when asked said 2 weeks. I replied, then no, you will replace it, that is too long to let it sit.

When all was done, they ended up covering the carpet in the master, living room, hall downstairs and stairs as they all matched. However, it connects to the hall and 2nd bedroom. So being the nice person I am, I went ahead and just figured I would pay to finish the areas not included...stupid me! Other people I consulted said, NO they should pay for it since it all matches.

My HOA had the check and paper work for over a week and a half before contacting me. Now the carpets are still wet and I am living in stench. And loss of use of my living room for a month. WHen she finally called, I asked do you have contractors..she said no, that I should contact some and get quotes. A week later she calls to tell me she is sending a contractor, never heard from them. So I proceeded per the adjuster sent the quotes to him. The adjuster was off by $1000 on costs, which he said his was just a estimate and all would be amended at the end.

In the meantime, I have sent everything to the HOA, waiting to hear back to get this started...now another month has gone by. When she does call, she has no clue what she is saying. Tells me if all they give me is $1000 for carpet that's all I get...well according to my insurance co...they are responsible to put it back the way it was. That it was not covered under my insurance as it was not my fault. After not hearing from the HOA, I consult with the adjuster to get the work started and he gives me the OK to go. So I go place the order for the carpet, and pay the bill. I drop the bill for the HOA to pay me back...I have not seen a dime. The HOA calls me the day the contractor is here and says she is just going to give me all the money and I can pay the bills but that once she gives me a check that's all I get. There is no way the contractors can tell how much damages are inside the wall until they open them. So I contact the Adjuster and he says, of course, it's not a done deal, that the money sent was just to get the work started and that any additional expenses to submit them. The HOA doesn't seem to get this! On the advise of my insurance, the adjuster, another adjuster who is a family friend with a different company and a friend who is a lawyer, all said, the HOA should write the checks and pay the contractor, painter and pay me for the carpet.

It's been 4 weeks, I have not seen a dime...and the contractor is finished, and I told him, bill the HOA...and he has not seen a dime...the painter will be done this week...my guess is he will not see a any money.

After living in stench for 90 days, having to pack my place, lug my items down stairs, put them in storage, purchase boxes and packing material, live in one small room, loss of my living room and I am asthmatic to boot. This also ruined a small bissell I had use to suck up water, and 8 blinds which the insurance is not covering. I really don't want to have to take the HOA to court but it sure as hell is looking like that...any advise? I am starting to think that there is some co-mingling of funds! We don't have a management company, I think we should have one!

CT does have that new law that went into effect in July 2010 about common property so I know this is their responsibility. One thing the contractor said, I should have them rip the whole front of the unit off to see if there is rotting wood from leaking so much.

HELP!