Can Condo Owner Force Upstairs Neighbor To Pay For Repairs?

By Bob Bruss

October 10, 2007

DEAR BOB: I own and live on the ground floor of a three-story condominium complex. The unit above me has caused major water damage to my unit because of the owner's and tenant's negligence. This has happened three times in the past eight years. After each incident, the owner has either refused to pay to fix my unit, or he has argued about the costs of repair. Do I have any legal recourse to force him to prevent further water damage to my unit? --Cherie M.

DEAR CHERIE: I'm not sure what the upstairs owner can do other than to be more careful in the future.

If you have a condominium owner's insurance policy, as you should have, submit your most recent claim to your insurance company. Most policies require submitting claims within 60 days after the insured becomes aware of insured damage.

If you don't have an insurance policy, you can take the upstairs neighbor to the local small claims court to resolve your dispute. However, if the repair bills exceed the jurisdiction limit of the small claims court then you can sue the neighbor in the appropriate trial court. For details, please consult a local real estate attorney.

The new Robert Bruss special report, "17 No-Down-Payment Formulas for a Buyer's Market," is now available for $5 from Robert Bruss, 251 Park Road, Burlingame, Calif., 94010, or by credit card at 1-800-736-1736 or instant Internet delivery at www.BobBruss.com. Questions for this column are welcome at either address.

(For more information on Bob Bruss publications, visit his Real Estate Center).

Editor's note: Robert Bruss passed away on Sept. 26, 2007. This was one of the last real estate columns he wrote. Inman News is publishing Bob's last work as a final salute to the nation's most well-known real estate writer

CAN CONDO OWNER FORCE UPSTAIRS NEIGHBOR TO PAY FOR REPAIRS?