[jalt1952]

I live on the 1st floor of a Condo in Henderson, NV.
The showers above me are both leaking and have done damage to my ceilings in both bathrooms. I have mold in one bath and a soggy ceiling and in the 2nd bath it leaked all of the way through and I had a hole. I had it patched temporarilly as the owners have let their condo go to foreclosure and no one is presently living there now.
I have told the owners but they can not afford to repair the damage.
I have told the homeowners association and have not heard back from them yet.
Is there a way for me to lien the property so that the repairs are completed or at least in the disclosure prior to the bank selling this property again ?

[ScottGem]

First, if the property is going into foreclosure, its likely the sale price of the property will be less than the balance owed on the mortgage. Therefore, your lien will take a subsidiary position and likely not be paid.

You don't say how old the condo is, if its fairly new you might have a case against the builder.

But where is your homewoner's insurance on this? This should be covered under your policy.

[N0help4u]

You might want to report it to the board of health and see what they suggest.
Mold is a serious thing with buildings.

sick building syndrome mold and the law - Live Search

[jalt1952]

First, if the property is going into foreclosure, its likely the sale price of the property will be less than the balance owed on the mortgage. Therefore, your lien will take a subsidiary position and likely not be paid.

You don't say how old the condo is, if its fairly new you might have a case against the builder.

But where is your homewoner's insurance on this? This should be covered under your policy.

My insurance has a $1,000.00 deductible and I do not have it right now.
The condo is old

[jalt1952]

What happens when someone buys the condo are they going to be responsible to fix it ?

[ScottGem]

If they are made aware of the problem, yes.

[jalt1952]

Thank you ! :o)

[Fr_Chuck]

The new owners of the condo above you are not going to be liable for damages of the old owner.

The insurance of the condo above you, that owner should have turned it over to his insurance.
You needed to file a claim against their insurance, or at least sue them

[ScottGem]

Yes, I may have misunderstood the question. The new owners will not be responsible for fixing YOUR damages. But they will have to fix the plumbing to prevent future leaks.

And the condo owners liability coverage should be paying for your damages.

[jalt1952]

Do you mean the one through the Association ?

[Fr_Chuck]

No,
The owner of the condo above you should have had property insurance his insurance would be the one paying for the damages if it was water leaks from his condo.

If the water leaks was from a common area owned by the Association, then yes the Association insurance should cover it.

But you it sounds like the leak was caused by the owner of the other other condo. This being the case no issue if he did not have money, tell him who was his insurance.

Either he or his insurance has to pay, no one else is. But the longer you don't fix the damages, if you let more mold grow, then you could have to pay for the damages that happen after you should have already fixed it

[jalt1952]

They had no insurance but thank you

[Fr_Chuck]

If they had no insurance the only way you will ever get any money is to sue the owner, try to garnish their wages ( if allowed I your state) besides that you are stuck

[ScottGem]

Are they telling you they had no Insurance? If they had a mortgage, the mortgage company will require they have insurance. It might have lapsed, but the mortgage lender should know who the insurer was.

[jalt1952]

Thank you will check with them