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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Angry Common Area Insulation

    My question involves a condominium located in the State of: Wisconsin. I live in a building with attic common area which is over 4 units (8 units in the bldg). All the estimates I received (4 total) rated the insulation above my unit at an R9 when it is recommended we have an R49/50 for WI. I went to the board and provided them with all the information they requested. They've refused to address the issue. One statated reason was they didn't have the money (the best contractors price was under $700). They also said they can't do for one that they can't do for all and that it would only benefit those on the top floors. It's stated in the docs that it is their responsibility and supported with a letter from their attorney. Everybody shares in the common area and expenses equally. Almost a year later I went ahead and reinsulated the area above my unit before winter because my heating bills were through the roof (literally). The quality of the air in my unit was poor, I would get condensation on my windows (which are new), as well as several other reasons. I have asked the board to be exempt from future assessments regarding insuation. They refuse to reimburse me, they refuse to exempt me, they refuse to investigate further property wide regarding insulation. The attorney for the association said they are responsible but don't have to do it if it would be a financial strain. I don't know where to turn next or how to reason with them. Any advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Common Area Insulation

    You can't get blood from a stone. If your condo board isn't willing to do a special assessment to pay for insulating all of the units, and they don't have the money without a special assessment, it isn't going to happen no matter what the bylaws require. This type of thing seems to be a growing problem in a lot of areas of the country - condo boards without the funds to pay for needed repairs, upgrades and maintenance, and a body of condo owners who aren't able and/or willing to pay a special assessment.

    Obviously, we haven't read the condo owner's agreement, nor have we read the condo board's bylaws, so at this point we have no basis to question what you learned from the board's lawyer - that they don't have to do anything if it will cause financial stress. If you want an independent opinion on that, you need to take the relevant documentation to a lawyer of your own, as your lawyer will need to read it in order to be able to advise you.

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