[olegwild]

Hey Guys,

I live in CT.
I have a question and need your help with it. For four months I have been battling the management company for our building to fix the issue (crack in the outside wall that lets small amounts of water into my apartment) and always hear some different excuses. I would like to take them to court and interested if if it worth to hire a lawyer at this point. I am never late with my monthly dues so there is no issues with payments. Where should I go first? Can I go to small claims court (it is a company I am going against not person)? Can I hire a lawyer and then fight for all damages (physical, legal, moral)? I think I have a case here because the management company is responsible for the exterior of the building and I pay my dues in time.
Please advice. If you had some experience fighting management companies please share it as well.

[LisaB4657]

If I were you, before I'd file any lawsuits I'd speak to the president of the board. See, you aren't really suing the management company. You're suing your condo association because they are the ones who are responsible for repairing common elements. The management company is merely the manager of the association.

If you sue the condo association then the association is going to make a special assessment against all of the unit owners in order to pay the court costs and legal fees involved in defending against your suit. So in reality you'll be paying extra to the association to cover the costs of your lawsuit against them. Assuming you win the case, the association would then have to turn around and sue the management company for violating the terms of the management agreement.

Your best bet is to speak to the president or one of the board members of the association and let them know what's going on. They can then speak to the management company about getting this resolved. If that doesn't work then you can sue the association to get the repairs done.

[olegwild]

Lisa,

Thank you for your response. I was once on board but in different association and I know the if someone complained for such a long time the property manager would contact the board. I am absolutely sure that board is aware of it but they just trying to extend the time (in case I might fix it myself). I will try to talk to one of them. But in any case, if the worst case scenario happens, will the small claims court review my case or should I go higher?

Thank you

[LisaB4657]

Small claims will take it no matter what. But if your costs are beyond the limit and you choose to remain in small claims then you're waiving your right to recover anything beyond the small claims limit.