BACKGROUND

With the help of Orten & Hindman, a condominium association successfully obtained a judgment for damages sustained because water was allowed to run in the owner’s unit at three gallons per minute for months. The association searched for several months and posted notices of the problem requesting owners and tenants notify the property manager of any water problems. Eventually the association discovered, with the assistance of a plumber and a locksmith, which unit had the problem. The owner did not have a working faucet on the bathtub. Water was shooting out of the pipe into a pile of blankets on the other end of the tub.

LAWSUIT

The association sought recovery of damages, specifically, the plumber’s fees and increased utility charges in a county court lawsuit. Testimony from an experienced plumber was presented as to the severity of the situation. The plumber was able to explain why the problem was so difficult to isolate, estimate the amount of water wasted, and justify the cost of the repairs. The association also entered into evidence its utility bills to verify the increased costs incurred.

COURT DECISION

The judge ruled that the owner failed to maintain his unit as required by the declaration because the owner did not have a working faucet on the bathtub. As a result, the running water was damaging to the other members of the community because it increased the cost of utilities shared by all owners and necessitated the need to hire a plumber to search for and fix the problem. The judge awarded the association the plumber’s fees, the increased utility charges, and attorney fees and costs.

PRACTICE POINTER

This case underscores the importance to keep good records and hire competent professionals to perform repairs. The ability to present a credible witness during litigation helps the judge concentrate on the facts of the case instead of evaluating the witness. Presenting accurate records of events rebuts any speculation. Using these factors together will bring an association closer to a win in court. It also shows that courts will enforce an owner's obligation to maintain his/her property and unit.
[PRINTER FRIENDLY VERSION]