My condominium board hired a contractor to paint and repair my building. It took almost two years to complete the project, and my unit had significant damage during that period. The construction crew started out by covering the units they were working on to protect the nearby units from possible damage. By the time they reached mine, the work was sloppy and quickly done. They even protected the wrong unit!
The damage to my unit included missing tiles, the floor of the balcony was chipped in 15 places, and the windows had paint on them. When the plastic was removed from the window edges, there was permanent damage to the surface. There were huge cracks in the cement surrounding one window and a large section of the railing that did not have paint.
I complained to the manager and made a list of the damage for the condominium board. Even with the list, the contractor did another bad job. The manager had already signed off on the repair work. I wrote to the condominium board. They never wrote back. This happened during the summer of 2007. I then had to return to school, my children to college, and attend to very ill parents.
Upon my return, I wrote another letter to the condominium board because of their lack of response. They told me too much time had elapsed since the damage occurred. My attorney told me I had four years to pursue the problem. Should I sue the association or the contractor?"
Wow, what a shame. It is unfortunate how common this problem is in condominium associations. Contractors should take pride in their work, whether they paint and repair, or do other jobs on the property.
The condominium board can help to ensure that contractors perform well by getting copies of their insurance policies and Workers' Compensation. The contracts should be very detailed and the board could require performance bonds. When a contractor has to provide all of these items, it goes a long way towards getting a good repair and paint job or any other work on the condominium. The contractor knows his feet will be held to the fire.
Your actions were good. You could also request a hearing before the board and have minutes of that hearing recorded. Written documentation is very important to prove the quality of the paint and repair work. The Florida statute 719.106(1)(a)2 discusses the procedure required for a response by the board to an inquiry made by a unit owner.
I don't know the requirements for legal representation in small claims court. Your question is about whether to sue the condominium association or the contractor. You could sue the board, but the construction company was hired by the board and worked for the association. Therefore, a contractor is usually sued by the association. You may actually be the third party in this issue because you did not personally hire the contractor.
I assume no liability for any consequences arising from the use of this information. I offer only general guidelines, not legal advice or opinions. Condominium laws may differ from state to state.
Copyright Kay Senay 2009
Kay Senay
Kay is the author of CONDO BUYING & OWNERSHIP MADE SIMPLE: TIPS TO SAVE TIME & MONEY. This book is full of Kay's secrets for solving difficult condominium issues. She is available to speak at conferences and to advise condominium and homeowner associations' boards of directors. Visit her website at the link above for FREE TIP SHEETS, books, and more valuable articles.
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