Property manager blamed for dry rot damage
Q: My company is the property manager of a large apartment building. The owner of the property has a maintenance contract with a termite company that does annual inspections. They noted dry rot two years in a row, but the reports went to the owner, and she never asked us to get estimates for repairs. We do an annual inspection of pipes, smoke detectors, air filters, etc., but we did not see the dry rot during our inspections. Now the owner is trying to hold us responsible for thousands of dollars in damage. What do you think?
A: If the property owner was receiving annual reports from the termite company, it is difficult to understand why she would not have shared this information with her property manager. Instead, it appears that she ignored the information while the dry rot damage was steadily increasing. How then can now hold you responsible for the costly consequences of those negligent choices?
Having pulled her head out of the dunes, she is holding you responsible for the sand that is within her ears and nostrils. The cost of ignoring a developing dry rot problem is something she should accept as a learning experience, rather than casting blame.
Q: We bought our home about 10 months ago. When the rainy season started, we noticed leaking under the patio door. Do you think we can get the sellers to fix it now?
A: Sellers typically don’t want to hear about problems after the close of escrow. After 10 months, they probably regard their previous home and its various issues as forgotten history. You can make your request, but don't be too surprised if they refuse.
A common seller response would be, “It never leaked when we owned the house.” And unless there is strong evidence to the contrary, there may be no way to disprove that denial.
One thing to keep in mind is that homeownership involves a never-ending sequence of maintenance issues. Owning a home, in other words, is a hobby. Hopefully this repair will not be an expensive one.
Q: I'm not sure if this is a question for you, but here goes. My son is having a house built by a contractor. Yesterday, while driving past the lot, I observed the house framers loading good pieces of plywood into their truck. Since this was at the end of the workday, I suspected that they were taking the wood for their own personal use. Do you think I report this activity to the builder?
A: There are other possible explanations for the framers having removed materials from the property. For example, the plywood they were loading may have been surplus that the builder intended to return to the vendor or to use on another project. On the other hand, if your son purchased the plywood himself, then removal from the building site would be suspect. The only way to know for sure is to consult the builder and your son. Hopefully, everything is above board.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.