I am having problems with the maintains of the ground around my condo. What can I do?

Question

I own a condo in MI and I am having problems with the maintains of the ground directly outside my door. There is a 10’ x 4’ mud pit outside my sliding door caused by a draining problem with the gutters. Every time it rains or the sprinklers turn on the run off goes down the corner of my patio. This has and is washing the soil away from my patio causing it to lean and creating the mud pit. This has been like this for almost 3 years now. I have made many verbal and written requests for this to be fixed to no avail. I have not been able to use my patio for the last 2 summers due to the mosquitoes and this summer I have a new baby that loves to be outside. I have contacted the association 5 times this summer already and was told each time we will send someone out in a week and they never did. I was told I could open an escrow account for my dues until this is fixed and they can not charge me late fees or foreclose. Anyone know anything about this or what I can do?

I own a condo in MI and I am having problems with the maintains of the ground directly outside my door. There is a 10’ x 4’ mud pit outside my sliding door caused by a draining problem with the gutters. Every time it rains or the sprinklers turn on the run off goes down the corner of my patio. This has and is washing the soil away from my patio causing it to lean and creating the mud pit. This has been like this for almost 3 years now. I have made many verbal and written requests for this to be fixed to no avail. I have not been able to use my patio for the last 2 summers due to the mosquitoes and this summer I have a new baby that loves to be outside. I have contacted the association 5 times this summer already and was told each time we will send someone out in a week and they never did. I was told I could open an escrow account for my dues (not done yet) until this is fixed and they can not charge me late fees or foreclose. Anyone know anything about this or what I can do?

I have not put the dues in escrow yet, I was told I could but am not sure if I can.

Answer 1

you need to sue the management company. find a lawyer who deals with that sort of litigation. your dues are to be used to maintain the grounds and other amenities. Obviously that is not happening and on top of that it looks like they are not getting dues at this point in order to fix the grounds.

legal action. get the community to file together.

Answer 2

You might be able to find out if there is a Property Management firm, usually a realty type firm, involved with the physical care, like landscaping etc. hired by the association - it should be listed somewhere in the meeting minutes or agenda. Contact them direct and demand attention. If not, document to the board that you will hire outside contractor and have it billed to association unless action taken within 15 or 30 days. At worst, you may have to find a lawyer in real estate or contract law.

Answer 3

What dues do you owe if you own the condo? That makes no sense to me. If you are paying a lot rent,then I would not pay it until the problem was fixed. Keep track of all the notifications you have sent these people and if it is not resolved then get a lawyer. One thing you could do for now would be to get a downspout extention to run the water beyond the area that floods, to a downhill location.

Answer 4

I would contact a Real Estate Lawyer or a Cono Specialist Lawyer. But IMHO you should take the condo association to court.

Answer 5

Could you use the money in your escrow and fix it yourself? I would try putting in stone and have the water wash away or calling a contractor to have the guttering rerouted.

Answer 6

I would contact an attorney right away. They will know all of the details as to what you can do to get your problem fixex.