Residents seek aid for water damage

     By Barbara Holland, CPM
      Q. I have a problem with water leaking into my home because of improperly installed fireplace housing on the east side of my residence.
      I have contacted the developer who has sent a repairman to patch the stucco and cover the water stains on the inside wall with paint. The stucco does not keep the water out of the residence, as the evidence shows development of a leak within two years of construction.
      To fix this problem and eliminate any further water damage will require the installation of flashing and roofing materials on top of the fireplace housing that extends out under the drip line of the roof. The developer has told me that it is my responsibility to get the permanent repairs done and that they are not going to fix the problem.
      I have also contacted the warranty company with whom I have a contract for my house. I am not receiving any positive response from this company either. What are my options?
      A. You should send a certified letter to the president of the development company as well as the service manager, stating the problem and solution. The letter should state that if the problem is not satisfactorily corrected within a certain time frame, that you will file a complaint with the state Contractors Board.
      It would help your position to have a written opinion and estimate from a professional contractor who can testify that the construction of the fireplace is both faulty and does not meet code. You could also contact the county planning department and ask a representative to visit the site.
      If these agencies cannot help resolve the matter, you may have to consider contacting an attorney and pursuing legal action against the developer.
      It is doubtful that the warranty company will correct the problem. Their contract excludes construction defects. You may, however, want to contact the state's Insurance Division.
      Q. I have a problem with water coming through the wall which is caused by sprinklers watering grass on the other side from a condominium association. I cannot keep paint on my side of the wall.
      I have contacted the association's management company, but have been unable to obtain their attention. I am thinking about taking them to small claims court. The wall of my lot was built before any houses were constructed on my side of the wall. Can they claim that the wall belongs to them and that I have no grounds to sue?
      A. If the wall was constructed on the association's property line and not yours, then you may be in a weak position with the association. Your only alternative would be to build your own wall on your property line or to obtain a water retardant from a paint store and apply it before painting the wall.
      If the wall was built on the property line shared by both owners (a zero lot line), then you may have some recourse. Before filing a small claims action, you will need to send a certified letter of demand to the resident agent of the association, as well as to the management company.
      You can contact the Secretary of State for the mailing address of the resident agent. You will need to show the damage and that you have paid to correct it. You must also give the other party notice of your intent to file a claim if they fail to remedy the situation within a specified period of time.
      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.