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DaveS4 (New Jersey)
Posts: 3
Posted:
I am a condo owner looking for some advice regarding a discussion I am having with my association. I submitted a maintenance request to have the association repair or provide additional support for deflected floor trusses in my home. The association is unwilling to incur the expense (probably $2,000-3,000), claiming that the deflection is normal settling and that it is due to a manufacturer’s defect for which the association is not responsible.

My building was built in 1987 and my unit is three stories (basement, first floor, second floor). The deflection on the first floor is 2” over a 20’ span. Part of the basement ceiling is open so the bowing of the trusses is clearly visible. The trusses are spaced 12”, 16” and 24” on center, depending on the location and there are two double trusses aligned with the top and bottom of the stairs. The trusses are made of 2x4 lumber and are 12” high. On top of the trusses is plywood and then tile and parquet wood depending on location.

The master deed states that the subfloor is part of common elements and that the association maintains, repairs and restores common elements.

I have lived in the unit since 1993. Some of the deflection has occurred since I lived there but I don’t know exactly how much.

Since making the maintenance request five months ago, the board has had a structural engineer inspect the floor. The engineer ordered immediate shoring of the floor with a temporary wall in the basement. He also told me to postpone my plans to remodel a second floor bathroom with new tile and a granite countertop. A month later the engineer came back with a proposed permanent fix which is to install plywood gussets on the trusses at places where they are obviously failing (failed connector plates and split wooden members). He said the floor could be raised before installing the gussets but jacking up the floor may cause collateral damage to the structure above.

I then asked the board whether they would 1) jack up the floor to remove at least part of the deflection and 2) install a wall in the basement to provide additional support. I offered to pay for half of the wall. The board has responded that they are unwilling to raise the floor because of possible collateral damage and unwilling to pay for a wall. They are also unwilling to say that the gussets will prevent further deflection and told me that if my bath remodel causes further deflection, that’s my responsibility.

This seems unreasonable to me. The board is leaving me no good options. I can either hire a lawyer and sue or take a big hit on resale value because the association is not willing to fulfill its responsibilities to repair the common elements. Even more worrisome is the possibility that the floor will sink further due to my remodeling and the association will try to hold me responsible.
I would appreciate any guidance on how to proceed. Thanks
AndyA (New Jersey)
Posts: 13
Posted:
It sounds like you have been discussing this for quite a while. You may want to consider hiring your own engineer to do an independent analysis. That may cost you $1,000-$2,000. Pursuing a law suit, if it went to court and depending on the rates of your attorney, would cost you a few thousand dollars. Another option would be binding arbitration, if both sides agreed.
GlenL (Ohio)
Posts: 5,491
Posted:
Contact your local Building Department and ask for an inspection of your building. If it is truly a safety violation they will make the HOA make the repairs. If they do, be prepared for special assessment to pay for them.

Studies show that 5 out of 4 people have problems with fractions
DaveS4 (New Jersey)
Posts: 3
Posted:
Thanks. Do you know what criterion would be used to determine if it is a safety violation? I know that the deflection exceeds NJ building code (L/360) by 3X.
DaveS4 (New Jersey)
Posts: 3
Posted:
Please disregard previous question about the criterion used by inspectors. I see from the NJ Administrative Code that the criteria include risk of imminent collapse of the structure and other very extreme situations. I don't think any apply in this situation. The Uniform Construction Code has floor deflection standards for new construction and renovations, but I am not sure these are enforced in old buildings. I will have to ask our township construction department.

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