I'm having some difficulties with my condo management company. I've called the management company several times due to leakage problems in my apartment - leaks in the ceiling and floorboards. The management company sent over one of its staff memebers to my apartment to evaluate the problems but he declared that there was nothing that he could do because there was no direct evidence (no actual leaking water) that he could see. He did not care to look at the separated floorboards or the discolored (water colored) walls. I have called the management company several times and its response has been of indifference.
Is there any recourse for this? I am thinking about getting another contractor to take a look at the leaks and then hiring a lawyer based on his opinion/evaluation. Shall I go to the condo board first? Any advice would be greatly appreciated.

Thanks so much!

One of the leaks is in my ceiling - two different places in my bedroom. The leak only happens when it rains a lot.

My apartment is directly above what used to be a boiler room (my condo is a converted factory) - it's not used for any purpose these days. It's just a big expansive room with lots of pipes - what I think is happening is that moisture from the basement is seeping through floor and walls thus resulting in warping of floors, baseboards and walls.

I checked my sales contract and I don't think I have the condo bi-laws. Is this something that I can ask the management company to send me? This might seem like a silly question, but how do I talk to my board? Is there some kind of protocol that I need to follow to talk to a board member (This might be unique to each board)? Or do I have to wait until the next condo board meeting?

Again, thanks so much for all your help and info!

But I would think that you can directly speak to any board member, esp. if you are asking for protocol info.

You may have only one leak in the roof of the building; the building roof is the condo's responsibility.

I think it's unusual that a big expansive room w/ lots of pipes would allow THAT much water to wick upwards. I could be wrong, but water tends to flow best downwards. (Not that wicking upwards isn't possible, but unless there's standing water in that boiler room, it seems odd)

Ask the management company to send you the condo bylaws, contact info for each of the condo board.

Then call someone on the board (either the person assigned to represent your section of the condo, if it's organized that way, or the president). You should not have to wait for the next board meeting to get some assistance or guidance. (if you want to lodge a formal complaint against the management company, or suggest they fire them and hire someone else, you'd have to wait. But not for guidance and action on this issue)

Politely explain the problem, tell what you've done to try to resolve it, and ask for further guidance. Express your concern that letting the problems go unchecked will simply result in damage to the integrity of the building, and a more expensive solution later.

You probably don't need me to point out these differences between a condo and a rental, but just in case another reader does....When dealing w/ a condo or co-op board, remember:
--YOU are the landlord--well, you are ONE of the landlords, through your joint ownership of the facilities. So there isn't some outside entity to blame things on. Therefore blame isn't helpful; information and decisions are.
--even the management company is simply an extension of you. From you, to your board rep, to the board's contract w/ the management company.
--therefore, part of what you are doing, in addition to having your own living space be nice is 1)protecting the integrity of the building; leaks can cause damage to the physical structure, which will cost ALL condo members money; and 2)providing feedback to the board, which represents you, about the skills, abilities, and follow-through of its employee, the management company.
--since you own your own unit, you have some responsibilities yourself (as diydana made clear through her post). Get info on what those responsibilities are, and try to determine what the source is of the problem. (w/ your ceiling, it's got to be the roof; that's not you; if it were your upstairs neighbor's bathroom leaking, it might be your neighbor's problem).

Oh, and in any sort of group situation, it is always wise to politely and non-threateningly exhaust all avenues before you talk to a lawyer.

Go to the board first. Politely, and firmly.

diydana, I'm in Queens, New York.

I've written a formal letter to the management company detailing the problems and how I've tried to enlist their help many times. I've also requested and received bylaws for my condo and they seems pretty generic. Now I'm waiting to hear back from the management company (I've given them a deadline). If I don't hear back from them in time then I will go to the condo board and seek their guidance/help.

I could be somewhat responsible for the floor damage but that would be deteremined once the cause of the problem was found. My problem is that the management company won't even take a look to see what the problem is and what's causing the damage. I guess it's just a waiting game for now.

Thanks again for all your help!

below is a q&a from law.com new york

I'm in Queens, too, and from your post am glad I'm in a small co-op w/ a high value on the integrity of the bldg.

Seems to me the first thing that should've been done by your management office (assuming you have one) was to have your building's chief engineer, or a local plumbing company, come in to determine the source of your leak. This would help to determine liability -- that, is, who is responsible for making repairs.

Do you have upstairs neighbors? If so, and if the leak is coming from plumbing in their unit, then your neighbors are responsible for repairs. Shouldn't be a problem assuming they have homeowner's insurance...that's what it's for.

If the leak is coming from a pipe that carries water to common areas in your building, then your condo association is responsible for repairs. Your association also is supposed to have insurance that covers repairs such as this.

Unfortunately getting people to accept responsibility can be time-consuming and frustrating. But I would encourage you to stick with it. Because, obviously, any leak coming from above is most likely NOT your responsibility. In Illinois, you have the option of giving 14-days' notice in writing. You can deduct the cost of repairs from your monthly assessment if the association is responsible but will not make needed repairs. Might be worth researching to see if you can do this in your state.

Also, it sounds like the management company simply hopes you'll go away if they keep ignoring you. Don't let 'em get away with this!

Good luck.