Backyard Fence Blew Down - My Resposibility?
I purchased a condo in a new construction building in Brooklyn less than 1 year ago. A few months ago the wind blew down a section of the white plastic fence that was built to seperate my backyard from my neighbor’s. After months of delaying and not returning my calls about having them fix it,…
I purchased a condo in a new construction building in Brooklyn less than 1 year ago. A few months ago the wind blew down a section of the white plastic fence that was built to seperate my backyard from my neighbor’s. After months of delaying and not returning my calls about having them fix it, they just informed me that they expect me to pay for this 100% and were kind enough to include an estimate of $1400 to do so! This is ridiculous- how is it my fault they built a shoddy fence.. and less than a year after moving in as a 1st owner! Any advice on what I can do?
I’m with Park Sloper here…
dibs, this was an act of god, as they say. If there’s a tornado that takes off the roof tom’w, is that another example of crap construction? Maybe the op just needs to understand that he;s an owner now and may possibly need to fix the fence himself (depending on the docs).
winelover….there shouldn’t BE ANY REPAIRS NEEDED for new construction. Get it???? Capiche?????
New construction in brooklyn is CRAP and there are countless examples of it. If a house needs a new roof after 20 years that’s a different story.
Try and understand the differences.
Who is “They”? The sponsor or the condo board?
If the offering plan is silent as regards to repair of backyard fixtures and who is reposnsible you may have a case to have the condo board pay fot the repair.
If you are going after the sponsor, you will probably have to show it is as a result of fualty, negligent workmanship. If the fence was damaged in a storm, that would be damage probably not addressed by your warranty.
Everyone is right though, you need to go through the offering plan carefully as painfull as it may be.
“Wouldn’t the common charges of the condo be responsible for the payment to fix the fence.”
Not necessarily. Since a condo is real property, the condo owner is probably responsible for fixing the fence — assuming that he/she also owns the garden and surrounding fence. The offering plan should set out which elements are common to the condo association as a whole, and which are the responsibility of the individual owners. For example, interior walls are generally the responsibility of individual owners, while exterior walls are the common responsibility of the condo association as a whole. Whether a fence is considered “interior” or “exterior” depends on how it is defined in the offering plan and by-laws.
On the other hand, there may also be a provision allowing owners to hold the sponsor/developer responsible for construction defects that become apparent within the first year. Again, I’d look at the offering plan to see what it provides.
WL — actually, you are jumping the gun. We don’t know yet if the OP read the plan or what it says. Also, the post was a little vague about who is saying what to whom and on what grounds. Meanwhile, no one is arguing that repairs will cost a buyer more for new construction than an old house. It’s that buyers of new construction probably don’t expect to start shelling out for repairs right away because, hey, it’s new, it should hold up for a while. It ought to be a fair expectation except that, often, it is wrong. At least with an old house, you go in with your eyes open and the right expectation. It would be interesting to take a random sampling of, say, 50 condo purchases of new construction in Williamsburg or South Slope, and average the amount the buyers spent on repairs for shoddy work within the first year both directly and through higher common charges and special assessments (not to mention the occasional legal fee). The number won’t be exorbitant, but it would probably surprise would-be buyers of new units now. In any event, a one-year-old fence shouldn’t be blowing over, and anyone thinks a developer who cuts a corner that sharply only cut one is fooling themselves.
Wouldn’t the common charges of the condo be responsible for the payment to fix the fence.
DIBS – you are seriously ridiculous. this story is about the neighbor and the fact that writer didn’t even take the time to read the offering plan before posting not the fact that it’s new construction.
you really need to get a clue if you think owning a condo costs more in repairs and overhead charges than your own house. it makes no sense! i know – i’ve done both!!
What slopefarm said.
How big is the section that blew down and what is it made of. The charge sounds high.
And people wonder why i rant on and on and on about the perils of buying any new construction!!!!
Whose fence is this? If constructed by th condo, what do your documents (offering plan, by-laws, etc.) say about what is common and what is part of your property. Condo may have built the fence but that doesn’t necessarily mean you don’t own it. But if you do own it, fixing it would be on your dime but you might not have to fix it. If it is common to the condo, you can demand they fix it and you shouldn’t owe a dime.