Submitted by gregparkave on Mon, 01/25/2010 - 11:22
Posted in
When the Board of Trustees switched mgmt. cos. the previous mgmt. co. shredded virtually every invoice, bank statement, canceled check, etc. according to the new mgmt. co.
The buidling (a high-rise with over 200 units) had water leaks that damaged many walls, ceilings, carpets, furniture etc. and over the years the board paid to repair all of that damage. All leaks have finally been stopped and the building is now dry.
My heating unit just failed and the plumber pulled it out of the wall and it is covered with rust. I had water seeping from under the baseboard next to the heater for a couple of years and reported it to the board after each storm but nothing was ever done about it.
Now, the board says I have to replace the heater and they will not put anything toward it.
Meanwhile, with less than 18 months of records available to me I can't document all the other repairs they paid for.
Are the trustees responsible for making sure the records were preserved and given to the new mgmt. co.?Do I have any recourse?
Thank you for any help provided.
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Editor's Response
Yes, under Massachusetts law the Board and its agents had a responsibility to maintain the records. However, the issue now is whether you can sue to recover for the damages (the lost documents become an evidentiary issue at trial, and you can prove past payments in many different ways, including testimony from other owners).
Generally, if the leak was a result of damage to an area of the building that the Association was required to maintain (like a roof--see your condo docs for this issue) and it caused damage to items that you are responsible to maintain, then I would guess you have a pretty good claim. You would have to show, of course, that the damage to your heater was caused by the leak in the roof. Depending on the amount of money involved, you may want to hire an attorney to write a demand letter. Frequently, such a letter will be enough to budge the Association toward negotiation. Also, if you are talking about a large amount of money (more than the $2000 you can collect in small claims court) I do not recommend attempting litigation on your own. Good luck. For more information or to post a question, visit our Massachusetts Real Estate Discussion Forum.