Is Condo Association Responsible to Pay

14 years ago

Our condo association hired a contractor to do snow removal on the property. While he was plowing he broke one of the windows in the basement apartment. The cost to repair the window is less than the deductible for the contractors, condo owners, and condo association's insurance. The contractor never paid and is now in jail (for something else).

The condo association paid for the window to be fixed, but there are some owners who are very upset over this. They said it is between the contractor and unit owner, and the association should not have paid.

Being the association is the one who hired the contractor, shouldn't the association be the one who should pay, if there is no way to get payment from the contractor?

Thanks

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Comments (3)

camlan
14 years ago
The issue is between the contractor and whoever signed the contract, which I suspect is someone acting on behalf of the condo association. Therefore the condo association is responsible.

I think the condo association did the right thing in paying for the window--the owner of the unit did not hire this contractor and is the innocent victim in the situation. If the contractor had damaged plantings or parking lot surfaces or a car parked in the parking lot, who would have to pay?

Seriously, they are complaining about the cost of one window? I doubt they'd be complaining if it had been their window. But if they are serious about this, they should get a lawyer to go over the association rules and bylaws to see if the association acted improperly. If the association acted according to the bylaws, then there is nothing to argue, unless they want to go to the trouble of demanding a change to the bylaws.
gaylemh
Original Author
14 years ago
Thanks for your reply. I thought the same thing and voted for the condo to pay. I have read through the bylaws and couldn't find anything pertaining to this kind of situation.
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camlan
14 years ago
It would be interesting to see the wording of the contract. I suspect that the condo association would have to take the contractor to court to get the money to repair/replace the window. A standard double-hung window would probably cost between $200-$300. Going to court most likely would cost considerably more.

Choosing to have the association pay for the cost of this repair probably saved everyone some money.

There's also the issue of the liability of the association, as one of the signers of the contract. And the possibility of the unit owner suing the association for the repairs.

I think a few hundred dollars for a window is likely the least expensive option the association had.