Condo Ownership Question

mrusso

1st Team
Apr 17, 2006
808
344
87
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I own a small condo just off campus here in Tuscaloosa. We purchased it almost 5 years ago for our daughters to live in while attending college here. For many, many years some outside maintenance items were neglected and now there is significant water and rot damage in the floor joists and subfloor of almost all the ground floor units, one of which is mine. Now I'm not responsible for the repairs to the floor joists and subfloor, but I am responsible for the inside maintenance and repairs of my unit. The damage to the floors under my unit are extensive and almost every room in my unit will be torn up for the contractors to gain access to the damaged areas. I've been told that I'm responsible for replacing the tile, carpet, etc when they are finished with their work. In addition, they are pulling out the base cabinets in the kitchen and yesterday when speaking to the contractor doing the work he stated that he'll try to salvage them but he hasn't had any luck doing so in the other units. They are also removing the tub and toilet from one bathroom, and may have to cut 2 feet or so of sheetrock up one wall in order to replace damaged framing in the wall (won't know if this is needed until they start taking things apart).

I've been told I'm responsible for putting everything back together. This includes purchasing new flooring for kitchen and base cabinets if those can't be saved. I'll also have re-install tub and toilet and replace any sheetrock/trim along with repainting walls that get torn up due to their work. So as of now I have to move my daughters, and a majority of the furniture out so they can perform this work. They will store appliances, base cabinets if salvageable, and tub/toilet in the living room while doing work since that is the only room that doesn't require work. So that means I have to move furniture out of the living room. Three weeks ago is when I was first notified of this. Up until then I had never heard a word about it. They are wanting to do the work NOW. I've told them "no" until I can make arrangements to move my daughters and furniture. The property management is threatening to hold me responsible for additional costs to make necessary repairs. I've read and tried to understand the "Declaration of Condominium" and "Rules and Regulations" documents for our association and the best I can decipher them, I am indeed responsible for the inside of my unit, which I'm OK with. What is unclear is how much responsibility does the property management have for damaging the inside of my unit while making repairs. For example, the kitchen cabinets, while not new, are certainly OK for this unit. They are not in need of replacement at this time. If their contractor tears them up while removing them, should they be responsible for replacing them? Should they have to put the tub and toilet back in? Repair the wall if they must remove sheetrock?

I'm considering hiring an attorney to help me decipher these documents and advise me but I'm afraid of maybe running my costs up even more. Does anyone have any similar experiences or advice they care to share?
 

cbi1972

Hall of Fame
Nov 8, 2005
18,145
1,301
182
51
Birmingham, AL
I own a small condo just off campus here in Tuscaloosa. We purchased it almost 5 years ago for our daughters to live in while attending college here. For many, many years some outside maintenance items were neglected and now there is significant water and rot damage in the floor joists and subfloor of almost all the ground floor units, one of which is mine. Now I'm not responsible for the repairs to the floor joists and subfloor, but I am responsible for the inside maintenance and repairs of my unit. The damage to the floors under my unit are extensive and almost every room in my unit will be torn up for the contractors to gain access to the damaged areas. I've been told that I'm responsible for replacing the tile, carpet, etc when they are finished with their work. In addition, they are pulling out the base cabinets in the kitchen and yesterday when speaking to the contractor doing the work he stated that he'll try to salvage them but he hasn't had any luck doing so in the other units. They are also removing the tub and toilet from one bathroom, and may have to cut 2 feet or so of sheetrock up one wall in order to replace damaged framing in the wall (won't know if this is needed until they start taking things apart).

I've been told I'm responsible for putting everything back together. This includes purchasing new flooring for kitchen and base cabinets if those can't be saved. I'll also have re-install tub and toilet and replace any sheetrock/trim along with repainting walls that get torn up due to their work. So as of now I have to move my daughters, and a majority of the furniture out so they can perform this work. They will store appliances, base cabinets if salvageable, and tub/toilet in the living room while doing work since that is the only room that doesn't require work. So that means I have to move furniture out of the living room. Three weeks ago is when I was first notified of this. Up until then I had never heard a word about it. They are wanting to do the work NOW. I've told them "no" until I can make arrangements to move my daughters and furniture. The property management is threatening to hold me responsible for additional costs to make necessary repairs. I've read and tried to understand the "Declaration of Condominium" and "Rules and Regulations" documents for our association and the best I can decipher them, I am indeed responsible for the inside of my unit, which I'm OK with. What is unclear is how much responsibility does the property management have for damaging the inside of my unit while making repairs. For example, the kitchen cabinets, while not new, are certainly OK for this unit. They are not in need of replacement at this time. If their contractor tears them up while removing them, should they be responsible for replacing them? Should they have to put the tub and toilet back in? Repair the wall if they must remove sheetrock?

I'm considering hiring an attorney to help me decipher these documents and advise me but I'm afraid of maybe running my costs up even more. Does anyone have any similar experiences or advice they care to share?
The quality of any advice you receive here is contingent upon an understanding of the contents of the agreements you have entered into, or the extent to which their personal anecdotes stem from similar circumstances.

Have you considered getting your insurance company involved? They may be in a better position to strongarm the HOA with the paperwork bulldozer.
 

Crimson1967

Hall of Fame
Nov 22, 2011
18,759
9,951
187
I think getting an attorney experienced in property law would be a good idea.

Good luck with this. I hate it your daughters are getting disrupted in the middle of a semester.


Sent from my iPhone using Tapatalk
 

TIDE-HSV

Senior Administrator
Staff member
Oct 13, 1999
84,609
39,826
437
Huntsville, AL,USA
I think getting an attorney experienced in property law would be a good idea.

Good luck with this. I hate it your daughters are getting disrupted in the middle of a semester.


Sent from my iPhone using Tapatalk
I can't really offer anything any better than this. With all the condo development in recent years, there should be attorneys around there with experience in condo law...
 

mrusso

1st Team
Apr 17, 2006
808
344
87
55
Thanks everyone. I've got an attorney looking over the condo declaration, rules and regulations, etc. Another interesting tidbit...I was forwarded an email from the property managers and I think they meant to delete all the previous emails in it, but they failed to do so. They have apparently known about this damage and subsequent needed repairs since at least last June. I was just informed on Feb 8 that I needed to vacate and allow the access ASAP. Last week when I told them "no", not until I had more info they sent me a nasty little letter referencing several sections, paragraphs, etc. They've known for 6-8 months and they give me less than two weeks notice.
 

TIDE-HSV

Senior Administrator
Staff member
Oct 13, 1999
84,609
39,826
437
Huntsville, AL,USA
Thanks everyone. I've got an attorney looking over the condo declaration, rules and regulations, etc. Another interesting tidbit...I was forwarded an email from the property managers and I think they meant to delete all the previous emails in it, but they failed to do so. They have apparently known about this damage and subsequent needed repairs since at least last June. I was just informed on Feb 8 that I needed to vacate and allow the access ASAP. Last week when I told them "no", not until I had more info they sent me a nasty little letter referencing several sections, paragraphs, etc. They've known for 6-8 months and they give me less than two weeks notice.
That helps...
 

Displaced Bama Fan

Hall of Fame
Jun 5, 2000
23,344
39
167
Shiner, TX
Thanks everyone. I've got an attorney looking over the condo declaration, rules and regulations, etc. Another interesting tidbit...I was forwarded an email from the property managers and I think they meant to delete all the previous emails in it, but they failed to do so. They have apparently known about this damage and subsequent needed repairs since at least last June. I was just informed on Feb 8 that I needed to vacate and allow the access ASAP. Last week when I told them "no", not until I had more info they sent me a nasty little letter referencing several sections, paragraphs, etc. They've known for 6-8 months and they give me less than two weeks notice.
Good luck and give 'em hell!
 

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