Foundation Repairs for condo belonging to a decease onwer

Started by PeggyB7 • 10 replies • 184 views

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PeggyB7 (Texas)
Posts: 10

Posted:

Looking for some help with a foundation repair question that we are not sure we are able to repair.

I have 3 condos side by side by side. All 3 have foundation issues, pretty substantial drop. In order to repair ALL 3 must be done at the same time.

Issue is one of those condos belongs to a deceased gentleman that passed away last year and had to will as to who it was left to. He has a son that does not want it nor anything to do with it. A brother that also wants nothing to do with it and we are certain it should be in foreclosure soon as he passed away in September 2023.

We were able to gain access to the condo for winterization of pipes etc and to inspect for a water leak that we had. So we still have access for foundation companies to come in and give us bids.

My question is this; What legal right do we have to go into said condo and jack hammer up that floor to repair the foundation for a condo hat we do not own? We have tried contacting the mortgage company to ask and to explain our purpose and they will not talk to us, rightfully so as we are not the owners, but just trying to find out if we are able to repair foundation.

Per our By-laws and declarations, the foundation is the HOA's responsibility to repair it, but on the other hand for it to finally be foreclosed on and put on market with a tore up floor that mortgage company will know nothing about raises too many questions.

But once property changes hands, new owners will need foundation repaired regardless.

So, bottom line is - can we or can we not repair foundation? If not, then the other 2 condos that need repairs will also have to wait.

Thanks for any help that anyone can offer.

GregoryT1
Posts: 315

Posted:

If the condo docs clearly say the foundation is the condo assn responsibility and there is easement rights for the condo assn to enter and do work then I don't see why not.

I personally gone through foundation items but not in perspective of condos. Others with easement experience will have a good opinion.

I have a question about the freezing pipes. Is that condo assn responsibility or was that proactive on the assn that if doesn't get done by any heirs it will be a big issue. Was there a way to charge the specific unit the work the assn did?

PeggyB7 (Texas)
Posts: 10

Posted:

Freezing pipes is not the Condo's responsibility, but being we know this condo is vacant we wanted to prevent and issues as these are older condos and there is 1 shut off valve for downstairs units and upstairs. So if pipes burst on downstairs units then the upstairs will be with out water.

We wanted to prevent an issue that might not have been an issue that could have done a lot of unforeseen damage since that unit was vacant.

The HOA did pay for this and we put an invoice on the condos account along with the un-paid dues, so when it does sale we will be reimbursed. Might be a bit, but it was better than the thought of unforeseen damage.

TerriS6 (California)
Posts: 3,284

Posted:

Your state will define intestate succession. It should find the nearest heir.
That is a good question for a probate attorney. I would not do anything until you have a determination in writing. If it's foreclosed, you still may have to wait for heir determination.

GregoryT1
Posts: 315

Posted:

Hi Peggy thanks for getting back. That was great proactive thinking on your condo assn. I had to winterize properties before. We had a neighbor who did not. I won't go into the horrors.

Terri provided a communication pathway to get in touch with a heir.

Please review your doc, You might have different easements depending on criticality. I have to check mine again for the situation of emergency versus planned. Usually foundation repair is critical but there is time to get it done as opposed to emergency water situations.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I would not do any of that without authorization from the estate or, if the estate is settled, the current owner.

An email or letter can eliminate a lot of potential issues.

DeanJ
Posts: 1,786

Posted:

Most condos have a provision to enter units for repairs without owner approval. I would speak to you HOA attorney.

GregoryT1
Posts: 315

Posted:

Peggy I changed my opinion.

I agree with Tim and Terri on communications.

Dean mentioned entry without approval get in touch with HOA attorney. I also agree there to get legal advice. I checked mine and there is easements rules emergency situation. If there was a drop in the foundation and contractors had to come in and put in bids those bids don't last forever. It's a year later and life goes on and stuff needs to get done. Communicate and move forward. These other folks in the other 2 units need to live their lives also and the project needs to be scheduled.

MarshallT (New York)
Posts: 414

Posted:

The association should try to obtain permission from the current owner via email or certified mail.

If the association does not need money from the brothers, they are more likely to respond to your request. Consulting an attorney is another good option.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MarshallT on 09/25/2024 7:28 AM
The association should try to obtain permission from the current owner via email or certified mail.

If the association does not need money from the brothers, they are more likely to respond to your request. Consulting an attorney is another good option.

I agree if the brothers realize it will not cost them money they might well go along with it.

GregoryT1
Posts: 315

Posted:

I third that. Excellent suggestion.

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