Unlevel/sloping floors

Started by DianeA7 • 13 replies • 3394 views

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DianeA7 (Connecticut)
Posts: 6

Posted:

I recently bought a condo and noticed master bedroom floor is very unlevel and cracks in vaulted ceiling that previous owner attempted to cover up with wallpaper tape and paint. I am concerned about the safety of the floors. They actually "give" a little when walked on and a leveling tool confirms that they are Unlevel. Is the HOA responsible for the structural security of the floors?

DianeA7 (Connecticut)
Posts: 6

Posted:

I see over ten people have read my post...but no response/feedback yet. I would really appreciate any/all advice. Thanks!!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Diane,

You will need to read your governing documents to determine who has responsibility.
It may be you, it may be the Association.

Additionally, you may have to initially have someone initially check to determine the cause and then have this information available for the Association. It may be a simple fix or major repairs. Nobody will know until some demolition is done and it can be seen what is causing the problem.

My suggestion, talk to your neighbors (upstairs, downstairs, each side) and see if they are experiencing the same issues. If it's structural, I doubt your unit is the only one with problems.

Does your Association have a healthy reserve? If not, even if it's the Associations responsibility, there may be a special assessment to fund any repairs and you would need to pay your fair share.

DianeA7 (Connecticut)
Posts: 6

Posted:

Thanks TimB4,

I've actually contacted a contractor whom I've used on my previous home and asked him to evaluate. He said he couldn't look at it and I'd probably have a hard time finding any general contractor look at it because it's part of an HOA. I've left voice mails and sent emails to the HOA, no response. At what point do I involve an attorney??
FYI..this is my first home associated with an HOA. Appreciate any help/advice available!!

KerryL1 (California)
Posts: 14,550

Posted:

How old is the condo building, Diane? If newer, it could be the developer is still responsible for both the floor & ceiling.

With Tim, you need to read your governing documents (CC&Rs, AKA, declaration, conveants) to see who's responsible for the sloping floors. And his advice is good to talk with neighbors to learn if that have similar issues. You also might want to speak with your property manager if you have one to learn more.

Is you HOA all one condo building or several? How many stories? What story are you on? I do have to say that when you looked at this condo, you might have been suspicious about wallpaper on the ceiling. It's possible that the condo seller might be responsible if CT requires that they disclose problems with the condo in writing before the close of escrow. Your realtor might be able to help you in that regard.

I live in a high rise condo HOA, but there are hardly any other posters here in that situation, so you may not receive many replies. I do know in mine that if there are cracks in the ceilings, the Owner is responsible since the developer no longer is in the picture. I don't know about the floors, but if they sloped, the repair of the sub flooring would be extremely costly.

DianeA7 (Connecticut)
Posts: 6

Posted:

This entire development is only 12 years old. I'm in a group of 5 townhouses. Mine is on the end. All are 3 floors. The back yard (very small) consists of a storm drain. There is standing water next to foundation after ever major rainstorm. I've told property manager about the standing water and he said the proper correction (French drains) is not in the budget now. And since that conversation, is unresponsive to my calls. The townhouse is beautiful but I'm concerned about a huge underlying structural issue. Any suggestions? At point do I involve an attorney??

DouglasK1 (Florida)
Posts: 2,046

Posted:

As Tim and Kerry have said, who is responsible for what should be outlined in your governing documents, there is no single answer for all condos. Commonly the unit owner is responsible "from the walls in" in their unit, and the association for areas between units, but this is just typical, not always. In your case it sounds like the MB floor is wholly contained in your unit, so probably your responsibility unless there are structural problems in the walls between units causing the sag.

Have you read your docs to see what they say? Did you have a pre-purchase inspection done? If so, and this wasn't caught, you might have a claim with the inspector.

In the case where the association is responsible, if they won't respond you might have to sue, but a demand letter from your attorney would be a lot cheaper and might get their attention.

Escaped former treasurer and director of a self managed association.

DianeA7 (Connecticut)
Posts: 6

Posted:

BTW...At the recommendation of my realtor, I did not have a home inspection. His reasoning was that since it was a newer condo and part of an HOA, save the $500 and just do a self inspection to test the appliances. Did I make a huge mistake??

TimB4 (Tennessee)
Posts: 21,059

Posted:

Diane,

I am also in a town home development.
However, we are not a condominium project.
For us, any settling of the common wall would be the joint responsibility of the two parties sharing the common wall.

I've often seen townhome documents were the Association is only responsible for the roof and the owners are responsible for everything else.

I also seen townhome documents were the Association was responsible for more then the roof.

The answer as to who is responsible will be within your governing documents.

GenoS (Florida)
Posts: 4,276

Posted:

Before contacting an attorney I think you should hire an engineer to evaluate the situation; someone who doesn't have a horse in the race when/if it comes to repair work (e.g. as opposed to a contractor like the one you talked to). After all, the first thing a lawyer is going to do is obtain an independent evaluation and opinion.

DianeA7 (Connecticut)
Posts: 6

Posted:

Thanks Geno..

PaininyourA
Posts: 215

Posted:

Quote:

Posted By DianeA7 on 11/26/2017 6:01 PM
BTW...At the recommendation of my realtor, I did not have a home inspection. His reasoning was that since it was a newer condo and part of an HOA, save the $500 and just do a self inspection to test the appliances. Did I make a huge mistake??

YES

an expensive mistake

repaint and sell ASAP

ps. the reason for the repaint is: wife did not like color

the reason for sale is: wife changed her mind

expensive lesson learned: CAVEAT EMPTOR

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

you had a VERY poor realtor.

Was the realtor also representing the seller?

Realtors should be protecting their client.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You should NEVER EVER skip a home inspection before purchasing. Saving the money is NOT a reason to skip this step. Even myself who has built multiple homes and could possibly qualify as a home inspector, would hire a home inspector. It's a second opinion and give me the opportunity to negotiate price/repairs prior to purchase. My current home was a "Flip-house" and has sloped floors. Had the seller pay for a Professional Engineer to inspect the condition. It allowed me to reduce the purchase price. The sale fell through originally because the seller did not address the obvious floor sloping.

One of the things a home inspector may do is drop a marble or a tennis ball to various areas of the floor. They watch how the ball reacts. Not all slopes are created equal and many houses floors do have slopes. It's just the degree that matters. I once was in a house where they built it over a boulder! The bulge went all the way up to the roof! The basement the floor was poured around it. Found out the house was originally a school house and had additions added to it later. People still bought this house despite the 2 -3 foot "bulge" that went through all 3 floors due to the history. It passed inspection too.

My house it turned out the owner built the home themselves. They had basically over extended the length the floor joist should go. There is a like a 15 foot length when it should be 12 foot. It makes the middle of my floor about 3/4 inch slope in the middle of the house. Have not fixed it because half the house is tile floor. Which could pop up when jacked.

Had a quote from a foundation specialist. Home is roughly 1700 square feet and 2 stories. It will take about 4 - 6 floor joist to jack it. Floor joist are relatively inexpensive. Depends on the size. Maybe $100 - $300 a piece. It's the labor and fixing the damage that is the expensive part. Which the damage is usually NOT fixed by the same company who fixes the slope. That may involve drywall, flooring, or even plumbing. The price I was quoted was just $3000 to install the jacks. They had some additional work that would run it up to $5000. Which was optional.

There may be other issues causing the slope other than foundation. Do you roll a ball and it goes to a central spot? Do you think floor is sloped just because of wall damage? You may have something much easier to address than a foundation issue. It may just required a special tool and nails that will fix it without noticing a thing.

Former HOA President

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