A reader asks real estate lawyer Gary Singer: A leak from a roof drain needs to be repaired in the wall between the two homes in our duplex. Do I have to pay for all of the repairs myself?
Q: We live in a duplex in a small community of similar homes. While we are part of a homeowners association, they don’t do much. A leak from a roof drain needs to be repaired in the wall between the two homes in our building. The association manager told me it was not their responsibility and my neighbor wants nothing to do with it. Do I have to pay for all of the repairs myself? — Mario
A: To investigate this issue, you will need to examine the records for your community and your duplex building. While your association may be correct that your leak is not their problem, reviewing your association’s formative documents is the only way to know for sure.
The documents that govern your community are a contract between you and your neighbors, and the only way to know what is in that contract is to read it.
If it turns out they are off the hook, you will need to dig deeper.
Homes, such as yours, that share a wall not maintained by a community association are usually controlled by a private “party wall agreement” between you and your neighbor.
If you do not have a copy of this agreement, it is likely recorded in the public land records.
If you still have your title insurance policy from when you purchased your house, it should reference that document. You should also be able to find it by searching the land records on your county’s website.
Once you find this document, read it carefully to discover your rights and responsibilities.
Should neither of these documents address your issue, the overarching legal principles, often referred to by attorneys as “common law,” will apply. According to common law, an issue like the one you’re facing would typically be resolved by dividing the responsibility for the repair equally between the two landowners involved.
If it turns out that your neighbor is equally responsible for the repair, let them know and see if they are willing to cooperate.
If they are not on board, you might have to handle it and seek reimbursement for half the cost.
If a worst-case scenario occurs, you could take them to court, although depending on the repair expenses, it might not be worthwhile to create conflict with your neighbor over it.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
