Chaney v. Kimberly Place Condominium Association #29-15 (April 15, 2016) (Panel: Birchman, Coyle, Winegar)

The unit owner complained of water infiltration into his basement, which he claimed was due to inadequate drainage of the common areas and the Condo’s refusal to require his neighbors to correct the drainage in their own lots.

The Condo’s answer was that the water penetration was the result of the deterioration of the waterproofing barrier on the outside of the foundation walls, and that it was the unit owner’s responsibility to maintain that barrier in good condition.

At the hearing, the unit owner attempted to claim a new cause for the water infiltration, namely, that it was due to leaks from defective balconies above his unit.

The homeowner failed to produce any evidence to support his claims of defective drainage or defective balconies. The Condo relied upon an engineer’s analysis of the entire condominium project that the basement walls in the complainant’s building were structurally sound and that the water penetration was due to failed waterproofing outside the units.

Because of the lack of evidence to support the owner’s claims, the panel dismissed the complaint.