Water in basement gives condo owner a headache

Housing Counsel

A: It would have been a good idea for the association’s lawyer to provide an opinion on this issue, but of course — short of possible court action — you can’t force the board to get such a legal opinion.

And this is really a legal question that I cannot answer because I do not have all of the facts, and even if I did have everything, I cannot provide legal opinions in this column. My answers must always be general.

You — or better yet, your attorney — must carefully review the association’s legal documents. Often, there is language in those documents whereby the board cannot be held responsible for certain things, such as water damage from a storm. Of course, if you can show that the board was negligent in taking prompt action to correct the problem, then there may be some culpability.

However, we always have to be aware of the “business judgment rule.” This is a legal concept where courts essentially say, “we will not get involved in a board’s decisions, even if they are wrong, unless there is a clear violation of public policies or the board was acting illegally.”

Talk with your attorney. And if there is more flooding, talk with your insurance company; there may be coverage. And I am not referring to the association’s master policy, but rather the HO-6 policy that protects you and your unit. Benny Kass is a practicing attorney in Washington, D.C., and in Maryland. He does not provide specific legal or financial advice to any reader. Readers may email him, but he cannot guarantee a personal response.