COLUMN: Roof leaks on new owner

Q. When I purchased a second-floor unit in a 10-year-old condominium complex, the disclosure statement from the previous owner did not list any past or existing problems, and an inspection did not indicate any problems either.

But within two weeks of moving in, the ceiling in my guest bedroom started leaking during a heavy rainstorm.

Neither the management company nor our association board president will help me with this problem.

While attending a homeowners meeting, however, I did find out that there have been structural and roof problems in the complex for years, with multiple roofing companies working to fix them. Obviously, the previous owner of my unit had to know this.

The people at the management company have been rude and are not forthcoming with information. I have a limited income and cannot afford an attorney. How do I go about solving this problem?

A. Under Nevada's seller real property disclosure law, which became effective in 1996 under NRS 113, the seller had an obligation to inform you, the buyer, if the unit had a roof problem.

This law requires a seller of certain residential properties to disclose the condition of the property, and establishes remedies for a seller's delayed disclosure or nondisclosure of defects. Commercial property is not included in the law.

The seller also must reveal the condition of any other aspects that affect the property's use or value, and can become an issue of dispute.

You could contact the seller or his real estate agent. A seller who fails to comply with the law can be liable to the buyer three times the amount necessary to repair or replace the defective part of the property, according to the law.

In your case, the problem pertains to a maintenance issue that is normally the association's responsibility. Usually, the fastest way to have a roof repaired is to contact the management company and have them schedule your home with a roofing company. Because there are several homes with roof problems, your association could be experiencing some financial problems and may have to prioritize repairs.

If the management company does not respond (Send a written request and follow it up with telephone call.), contact the Nevada Real Estate Division and file a complaint against the board and the management company.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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