I currently own half of a duplex/condex. The other owner/trustee rents his side out. 2 years ago he brought it to my attention that he found termites on his side and hired a local exterminator who sprayed and claimed the problem was solved. Shortly thereafter I found that my side also had termites which resulted in over $15,000 in repairs. I have not only repaired and treated my side of the property, but I also repaired a portion of the shared wall based on the other owner stating he would be making repairs on his side as well. My questions are: What can I do if the other owner does not repair or treat for the termites and they come back over to my side? After visably seeing the damage inbetween the shared wall I don't think there is anything left on his side for the termites to eat, but after all the work I had done, is he liable if I do find damage to the new work? Also, due to the units sharing a wall can I legally hire a home inspector to see if his side is stable. My biggest fear is to have his unit collapse and take mine with it.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Insect damage to common condominium areas
It seems as though you are both making as needed repairs to what sound like common areas of the condominium. You should look at your condo documents for an exact description of the units and the common areas. You should sit down with the other owner and, as members of the condominium board, come up with a solution that solves the problem in all areas of the condo. If you and the other owner have trouble agreeing on a solution, your condominium documents probably contain an arbitration clause. Good luck.