As a unit owner, you have the right to a copy of the associations insurance policy. One common issue of conflict for condominium owners is water damage and molds. Always have a copy of the associations policies and procedures for addressing water damage and molds. If you are not provided with a policy, or the association claims no such policy exists, you then need to be sure to obtain a written certification from your association stating this. It is not uncommon for an association to deny or withhold the policies on water damage and mold, only to produce it later when they can use it against the owner.
You should also acquaint yourself with your association’s governing documents, specifically on the covenants, conditions, and restrictions on “common” and “common area”. This is a complex issue in a condominium structure. Having a thorough understanding of what is meant by the term “common” is critical to resolving any damages that originate from the common areas.
If you think you have a mold issue caused by water damage originating from the common area, and you want it to be put on record and resolved as quickly as possible, you should report this to your board of directors in writing. Owners often make the mistake of complaining out loud about it thinking it will help solve their problem, but it won´t. Their verbal complaint will most likely be forgotten and left unattended.
You can fax your written complaint to the board of directors. However, if you do not get acknowledgment within 10 days, you should resend your complaint through returned receipt such as certified mail. The point is you should make sure you have proof of mailing so that the board cannot refute your claim that you did send them a written complaint.
After you send your letter, make a follow up written request for the inclusion of your issue on the agenda at the next board meeting, and then be sure to attend it. If your association in any way prevents you from discussing common area problems that affect your unit, this is a clear indication of a more serious underlying problem.
Also be sure to photograph or record on video ANY damages to your unit as well as the surrounding areas. Turn on the “date” option of your camera or video camera before taking pictures or recording the video. It is always a good idea for resident owners and landlords to maintain a visual digital log of all belongings of value for insurance purposes, in case of property loss or damage.