Question:
I am in Nevada and my HOA and the management company hired by the HOA does not maintain the rain gutters and drain spouts which fill up with leaves and pine needles. There have been more than one occasion with the rain gutters over flow and water seeps into the ceiling, walls and floor of units. Three units were damaged in 2018 and the condominium insurance carrier refused to pay the claim siting negligence on the part of the management company. On February 4, 2025 I contacted my management company and told them I had flooding in my unit. I have had 2 more rain storms since the 4th and neither the management company nor the HOA has made any effort to repair my unit or the drainpipe that is broken. I have damaged popcorn (asbestos ) ceilings as well as sub-flooring and walls that have flooded 3 times. Can I use the management company not only for making minimal effort with my unit but making no effort to correct the original problem with rain gutters and drain spouts?
– Sharon
Answer:
Hi Sharon,
In Nevada, condominium associations are typically responsible for maintaining common areas, including exterior components like rain gutters and downspouts. When these are neglected, leading to property damage within individual units, the HOA may be held liable for repairs.
If the HOA has contracted a management company to oversee maintenance and that company fails in its duties, resulting in damage, both the HOA and the management company could be considered negligent. In such cases, affected homeowners have the right to seek legal action to recover damages.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
