Fix storm-damaged door, seek repayment later

Q: We own a town home that had the front door damaged during the hurricane in September. The door is cracked and barely being held together by duct tape and cannot open or close. The management company has told us they would replace the door, but still has not done so, claiming they are waiting for board approval. We have been entering by rear slider and think this is a fire hazard. How can we get the association to step up and fix this? – Jim

A: You must immediately deal with the safety issue by having the door repaired, even if you need to pay for it. Your safety is paramount, and you can always seek reimbursement from your association later.

The law is clear that even when someone else is not doing what they are supposed to do, you, as the aggrieved party, must take action to stop the problem from becoming worse. This is known as your “duty to mitigate your damages.”

I have spoken to many people who have made a bad situation worse by holding off on fixing something because the responsible party was dragging their feet. It is better just to fix the problem before it gets worse and then try to get repaid. That way, you are only fighting about money and not your safety or the worsening condition of your home.

Once you solve your immediate safety issue, you should continue to politely pester your association to reimburse you and complete any remaining repairs. Keep a detailed journal of all communication and actions you take. Make sure to deal with them in writing, or if you do speak with them, to follow up each conversation with an email or letter reviewing what was said.

If your situation ends up in the legal system, these written records will prove invaluable.

Email board-certified real estate lawyer Gary M. Singer at gary@garysingerlaw.com, or go to SunSentinel.com/askpro