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I'm in Texas. I bought a 2nd floor unit about a year ago. Recently the toilet leaked but I fixed it the same day when lower unit owner knocked on my door. His tenet moved out because of mold. Now he wants to sue me to pay his ceiling and loss of rent. I found the following in HOA bylaw. Does it mean I'm liable even I'm not negligent?
"Every owner must promptly perform all maintenance and repair work within his own unit, which if omitted, would affect the property in its entirety or in part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to engender. "
He already handed two letters to me. Last letter states final notice. What should I do now?
Become a great neighbor. Point out that you're not legally obligated to do anything but you will pay for the ceiling. For a small sum you can plant a seed that will bear fruit for years. What is legal often does not correspond with what's right.
Become a great neighbor. Point out that you're not legally obligated to do anything but you will pay for the ceiling. For a small sum you can plant a seed that will bear fruit for years. What is legal often does not correspond with what's right.
It's a lost cause -- no matter how the OP phrases it, the owner of the unit below him feels entitled to damages.
Become a great neighbor. Point out that you're not legally obligated to do anything but you will pay for the ceiling. For a small sum you can plant a seed that will bear fruit for years. What is legal often does not correspond with what's right.
That ship has sailed and this advice won't work here. The other unit owner is already asking for the moon.
I'm in Texas. I bought a 2nd floor unit about a year ago. Recently the toilet leaked but I fixed it the same day when lower unit owner knocked on my door. His tenet moved out because of mold. Now he wants to sue me to pay his ceiling and loss of rent. I found the following in HOA bylaw. Does it mean I'm liable even I'm not negligent?
"Every owner must promptly perform all maintenance and repair work within his own unit, which if omitted, would affect the property in its entirety or in part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to engender. "
He already handed two letters to me. Last letter states final notice. What should I do now?
Call your insurance and find out what they would recommend you do. If it is mold and from your unit you may be somewhat responsible for the damages, they will tell you how to proceed it is why you pay them.
Call your insurance and find out what they would recommend you do. If it is mold and from your unit you may be somewhat responsible for the damages, they will tell you how to proceed it is why you pay them.
I didn't have insurance when the leak happened
but I have insurance now.
That ship has sailed and this advice won't work here. The other unit owner is already asking for the moon.
Worth a try. Anything is better than dueling lawyers.
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