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September 10, 2008 8:00 AM

Dead rats create repair bill headache

Posted by Elizabeth Rhodes

Q: For almost two years several owners in my condo complex complained about a rat problem in one area of our common space. The association tried to solve it, but I feel there was some stalling on their part. So the problem ballooned into a $7,000 repair bill.

Our bylaws say "the units that benefit from repair or replacement must bear the expense." Shouldn't the entire association -- rather than just those owners most directly affected -- be responsible because the problem wasn't solved in a timely fashion?

A: "The real issue is whether the rat problem should be analyzed as a maintenance issue or a damage problem," says attorney Michelle Ein, of the Law Offices of James Strichartz in Seattle.

She suggests you ask the board for an itemized statement explaining what that $7,000 bought. For example, did the board spend a couple thousand on an inspection report, a few more to kill and remove the rats and the balance to repair damage to the entire building?

"Characterizing whether it was maintenance work, which arguably benefits all members, or damage, which may be a different analysis altogether, may change whether the assessment was properly charged," Ein says.

Then you should review all your governing documents to figure out who owns what, who repairs what and who pays for what.

Afterward, consult an attorney if you're confident the board acted incorrectly in charging only selected owners for this work.

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