[08_til_infinity]

I have had an issue with my condo association for about a year now over a roofing issue. By the way we (the condo owners) are responsible for our roofs (I know dumb decision on the associations part). Anyway, the association had replaced my siding due to leaks in my unit, and in the process my roof was damaged by the contractor. The association agreed that the contractor did in fact damage my roof. They also agreed with me that it was $1400 worth of damage. They took the money out of the pay that was due to the contractor and held the funds. They said that they will not issue me a check until I fixed the damages. My roof does not leak and I will not fix anything. I am going off the principal that they damaged my property and they owe me. I have been fighting with them for almost a year now. I issued them a letter certified mail stating that I am going to deduct my condo dues from the money that they owed me. They are saying that they are separate funds and I can not do that. So a lien will be placed on my property after 90 days. Can they do this? How can they place a lien on my property when they owe me money? If you have damage on your property your insurance company just cuts you a check, right? So why is the condo association acting as if they are high and mighty? What should I do, pay them, or fight the lien?:confused:

[LisaB4657]

The association has the right to file the lien if you don't pay your fees, even if they owe you money for something else. You would probably be able to get the lien released if you sued them. However, I think it would be a better move if you were to pay the fees and then file a lawsuit in small claims court for the roof repair money. This way you avoid the association's legal fees and recording costs as well as the necessity of getting a lien removed from your property. It's easier to just sue them for the money they owe you.

[ScottGem]

If you have damage on your property your insurance company just cuts you a check, right? So why is the condo association acting as if they are high and mighty? What should I do, pay them, or fight the lien?:confused:

No that's not right. It really depends on your insurance coverage. Frequently insurers will not just cut a check to the insured for the repair of damages, instead they will pay the service provider that makes the repair.

So, I agree with the association. I think they have the right to withhold the money and pay it to whoever makes the repairs. This actually works to your advantage, if the repair winds up costing more than the estimate. But it works to their advantage if it costs less. But either way, you are made whole which is the ultimate goal.

And you have no right to deduct this amount from your dues. Those are a separate issue. I'm not so sure you could get the lien removed until you pay the dues.

I think you should get the roof repaired, let them pay the contractor and end this.

[LisaB4657]

Hmm... upon further review, I have to partially disagree with my own answer and agree with Scott. :)

You don't own the roof. The association owns the roof. So it's not your property that was damaged and you are not the one who is entitled to keep the $1400. That money belongs to the association, since that money represents payment for the damage to their property.

You are responsible for fixing the association's property. The association is required to reimburse you for whatever it costs to repair the damage that was caused by their contractor, using the money that they received from their contractor intended to pay for that damage. If it costs you more than $1400 to repair the damage then the association will have to reimburse you for that as well. But you are not entitled to any of that money until you actually spend money to make the repairs.

A couple of more thoughts...

(1) It doesn't matter that the roof doesn't leak. You still have to have it repaired to the condition it was in before the damage occurred. That's because it is the association's property, not yours. You are responsible for maintaining it to the association's standards, not your own standards.

(2) Once you have decided to get the roof repaired, you should have an officer of the association sign a copy of the contractor's estimate, so that they can't come back later and argue with you about what was done. That way when the repairs are complete you may be able to get the association to pay the contractor directly so that you don't have to lay out the money and wait for reimbursement.

[ScottGem]

The only thing I'm not sure of here is how important the issue of who owns the roof is. I think, either way, the association is within their rights to insure that the repairs are made, by withholding the payment until proof of the repair is made.

If the association owns the roof that makes it even more clear that they are operating correctly. But even if you owned the roof, I think they are within their rights.

Now, I'll throw in another kicker. You've been fighting this for "over a year now". Without merit In my opinion. In that time its likely that the cost of making this repair has increased. I think the association may be able to hold you responsible for the increase in cost due to the delay you caused.

[LisaB4657]

The ownership of the roof is the most important thing because if the association doesn't own the roof then they don't have any legal right to withhold the payment to the condo owner.

But the ownership isn't in question. If it's a condo then the roof is owned by the association. The condo owner merely owns the space within the four walls.

[ScottGem]

Well, since its moot I won't argue. ;)