an owner of a unit (yet to be determined), put cat litter down the drain and caused over $50K in damage to another unit. the condo association insurance company has declined coverage because the association was not at fault. the plumber has said that the clog was caused by kitty litter. now the association is going to impose a special assessment or increase dues on the entire condo unit in order to pay for the repairs. i should not have to pay for someone else's intentional act. and i'm sure putting kitty litter down the drain is against CCR or condo rules. can i fight this?
2007-01-26 14:42:10 · 4 answers · asked by david b 1 in Home & Garden ➔ Maintenance & Repairs
Of course you can fight it. Whether or not you are sucessful is the question.
First of all, $50K USD is a very large amount of damage. Is it really accurate?
Second, why is the association getting involved in this? From what you are saying, it really is not their business.
The owner of the unit that suffered the damage was harmed, not the association. As such, they are the ones who should be taking action, not the association. That aspect needs to be addressed. Hopefully, the association will back off when they are challenged. Unless there is something else going on, they need to mind their own business.
The owner of the damaged unit needs to sue the owner of the unit who put the unacceptable substance down the drain. A reasonable person would know better than to put kitty litter down a drain. The fact that they did it is negligence. They can plead ignorance, but I doubt it will fly.
Anyway, it should be totally between those two owners. As such you, and your fellow owners should not be liable, nor even involved.
Kitty litter is probably not specifically listed as prohibited in drains, but there should be a blanket rule that says you can not put non-soluable items down the drain. Again, this is an issue of what a reasonable person should know.
Technically, certain kinds of kitty litter is somewhat soluable. In reality, it is considered non-soluable.
Bottom line, this should not involve you at all. You need to get an association board that is at least a tiny bit competent, yours isn't.
2007-01-27 14:05:17 · answer #1 · answered by DSM Handyman 5 · 0⤊ 0⤋
It depends on the bylaws. Some condo associations allow the board to raise the fees by a maximum percentage each year but if it is beyond that percentage, the owners must then vote. Many bylaws do not allow a special assessment ( new roof, siding, etc.) to be levied without the owners consent. With a $2,000 per year increase in fees, I suspect that the board is trying to build up the reserves over the next several years to pay for something that would likely require a special assessment in the future if the increase was not done. The last association (townhouses) that I lived in was preparing a special assessment of $50,000 for each owner for new siding when I sold my townhouse.
2016-05-24 04:06:23 · answer #2 · answered by Cheryl 4 · 0⤊ 0⤋
This is a legal issue and I am NOT a lawyer, however it does appear that you might have a case at least against the offender if not the association. I would check with a ambulance chaser to see what is legal and what is not.
2007-01-26 14:48:25 · answer #3 · answered by MT C 6 · 0⤊ 0⤋
My condo assoc is thinking of raising our dues since they have 600K in repairs to make to every condo here. We have to vote on it though. So check and see if you have that option. If not I would consult an attorney, and let your hoa know that you will do that. That way they know you aren't going to be bullied by them.
2007-01-26 18:34:33 · answer #4 · answered by melly 2 · 0⤊ 0⤋