Damage done to bare-land unit

A.H. writes:

Dear Paul:

Who pays for the expensive damage done to the unit yard by the uninformed decisions of the Board/ Management?

Paul Replies:

I am saddened to hear that damage was done to your property and that it was as a result of a Board decision. As you know I am not a lawyer, but here is what I think should be considered. The first order of business is for you to review your condo documents. This would at least include the Declaration, the Bylaws, and the Rules of the corporation. These documents will tell you whether or not the corporation has the right to enter your unit, in this case, I assume that the unit is the land upon which your home sits. If it does not give the corporation that right, they should have asked your permission first. If they did not ask for permission, legal counsel might advise that they were trespassing and that after all the facts are known, the corporation may have to compensate you for any damage caused without your permission. If you did give your permission for the intrusion to occur, you may be out of luck. Another point to consider is whether the damage was deliberate or accidental. Could it have been reasonably foreseen that the Board’s decision would result in damage to your property? Your question implies that they were uninformed. This could leave one to believe that the Board or Management did not do its due diligence prior to taking action. This a very interesting question. My advice is for you to gather all the facts and to make a formal presentation to the Board and ask for compensation. After hearing your side of the events, they will want to explain heir actions. Be patient, and listen. Is there any room for a compromise? If you are still not satisfied, the damage is expensive, you may consult with a lawyer to determine your rights. Good luck!

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.