Liability of the Owners' Association

Questioner

I live in an apartment building and recently a piece of concrete fell from our roof edge above our balcony. It was about 5 kilos. I contacted the owner of the building and they looked at it and asked for a quote for repair. It turned out to be very expensive and they decided to inspect the whole building which could take a very long time. After that a new quote will be requested and this will be discussed at the next members meeting in about 9 months. It is now summer and the balcony is about the only place where my wife and 10-month-old daughter can sit comfortably when it is warm in the house. Now I am afraid that a piece could come loose again and fall on my wife or daughter. I called the homeowners association and they told me that no more can fall and that it is safe to sit on the balcony. If I now ask them to do this in writing and a piece still falls and something happens to my wife or daughter, can I hold the homeowners association liable for this? I find it very strange that it takes so long before a decision is made as to whether something needs to be done. Can you tell me if this is normal? Thank you in advance for your answer.

Lawyer

You can indeed hold the Owners' Association liable. Without more information, I unfortunately cannot judge whether there is a need for urgency and an additional General Members' Meeting should be called or not. Some associations only meet once a year, although twice a year is better.