Legal Question in Real Estate Law in Massachusetts

I own a condo unit that I rent out. Over 2 years ago my former tenant's child clogged the toilet and it overflowed. She left the premises so there was quite a bit of water damage before the water was turned off. At that time my assoc added a $5000 charge to my account - this was their insurance deductible. My insurance company at the time felt I could not be held responsible because of a subrogation clause in the condo documents. I've had no communication from the assoc since that time, no attempt to collect, etc and presumed that the case was closed. Last week, however, I received an account statement demanding payment by the end of the month or they threaten legal action. I'm no longer with that insurance company so I don't expect they'll represent me. Can the association take this action after doing nothing all this time?


Asked on 7/31/13, 6:36 am

1 Answer from Attorneys

Yes they can. Your old insurance company has responsibility since you made the claim. They should defend you. Send a letter certified mail return receipt.

Contact them and insist they either pay the claim or defend it. If they refuse contact an attorney to assist you in the matter.

I would also send a letter to the association stating that at the time of their charge, you made a claim to your insurance company which took the position that reimbursement for the deductable was not required under the by-laws or master deed of the associaiton. That you have forwarded their new demand to the insurer and ask that the delay in taking any action until the matter is resolved.

Good Luck

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Answered on 7/31/13, 8:06 am


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