Q: My apartment is charging $8,000 to repair leaks that claim to have been born from my unit. They sent their reviews in letters without even discussing with me. The leak was not from my unit. Because I had some water leaking into the ceiling and there was a slight flood that left dirt. I don’t have to pay for anything that’s not my fault. what can i do? – Jane
A: Disputes with the Condominium Association can be frustrating, especially when dealing with unexpected or unfair fees. It is essential to have a clear understanding of your rights and obligations and approach the situation in an orderly manner. Laws and regulations vary depending on where you live and the governing text of the association, but procedures for addressing these issues are generally consistent.
The first step is to review the apartment’s management documents, including bylaws, declarations, and rules. These documents outline the responsibilities of both the association and the individual unit owners. Pay close attention to the maintenance, repair and evaluation sections. In many cases, the association is responsible for the common area, but the unit owner is responsible for repairs within his or her unit. If the leak occurs from a common area such as a roof or shared plumbing, the association may be responsible for the repairs and not you.
Next, we will gather evidence to support your case. Take detailed photos of the unit’s flood, including the ceiling that the leak has passed. Document everything, including event timelines and conversations with associations and neighbors. Create a file for all documents related to the problem. If you don’t already have one, consider hiring a licensed plumber or contractor to inspect the unit and determine the source of the leak. Expert opinions can be invaluable in proof that the damages are not arising from your unit.
If you have any evidence, please reach out to the association in writing. We will explain your position clearly and politely and provide all relevant details and support documentation. Request a meeting to discuss the issue further. Many associations have a conflict resolution process, and this may be the opportunity to present your case. Keep a copy of all communications and follow up regularly.
If the association refuses to reconsider the assessment, or if you continue to insist that you are responsible, you may need to escalate the issue. Consult with a lawyer specializing in condominium law, where you can understand your rights, negotiate with the association, and, if necessary, take legal action to challenge the assessment.
Remember, throughout the process, the volunteer board is your neighbor and most of the time your neighbor is your neighbour who is trying to make your condo a better place to live.
Board-certified Real Estate Attorney Gary Singer writes about legal issues in the industry and the housing market. To ask him questions, email him at gary@garysingerlaw.com or visit sunsentinel.com/askpro.
Original issue: June 19, 2025, 5:36am EDT
