Q: I live in a condo on the top floor. About a year ago, there was a leak caused by the condo association’s AC unit, which damaged my wall. The association claimed that they had repaired the unit and roof, but stated that repairs — to my interior were my responsibility. Recently, the same leak happened in the same spot, caused by the same AC. I suspect the original repair was improperly done, as the leak recurred. The association again states that I must cover the repair costs for my unit. I find it hard to believe that the damage caused by the association isn’t their responsibility. Do I have any recourse? — Daniel

A: Recurring water damage in a condominium can be a frustrating and costly issue for unit owners.

When the source of the problem is a common area element, such as an air conditioning unit maintained by the condominium association, the question of legal responsibility often arises.

The law is clear that condominium associations are generally responsible for maintaining and repairing common elements. If their failure to do so properly results in damage to individual units, they may be held liable.

Safety and documentation should be your priorities when dealing with water damage. Water intrusion can lead to mold growth, structural damage, and other hazards; therefore, it’s essential to address the issue promptly.

Take photos and videos of the damage and keep a detailed journal of all communications with the condominium association and other actions you take.

If you need to make immediate repairs to prevent further damage, document the work and save your receipts. This evidence will be crucial if you decide to pursue a claim.

The repeated nature of the water damage raises questions about the adequacy of the association’s initial repair efforts. If the same leak has occurred multiple times in the same location, it may indicate that the underlying issue was not adequately addressed.

This could strengthen a claim of negligence, particularly if the association was aware of the problem and failed to fix it properly. The fact that other units below yours have also been affected further suggests a broader failure to maintain the common elements, which could bolster your case.

If you decide to pursue legal action, it might be helpful to coordinate with the owners of the affected units below yours. Working together could help demonstrate the widespread impact of your association’s negligence and increase the likelihood of a favorable outcome.

Consult with an experienced attorney who is familiar with condo law and can help you navigate the legal process, assess the strength of your claim, and determine your best course of action.

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