Gutter dispute raises concerns for residents

Published: Apr. 28, 2020 at 8:21 PM CDT
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A long-running dispute over who should pay for water damage in several southwest Omaha condominiums has created a storm of controversy.

Rain pouring inside a bedroom window last year shows why there’s so much gutter talk around Deauville Condominiums.

Nancy McCalpin, condo owner said, “It’s completely unfair that they want us to pay for our own damages because we didn’t take the gutters down.”

Anderson Roofing did put up new ones leaving the building without gutters when two or more rainstorms hit last summer.

Patricia Colvard, condo owner said, “It’s raining inside. It’s very upsetting especially because here could be mold in the walls and with the COVID-19 going around that’s respiratory that could just compound issues. “

Five condo owners showed us water damage they estimate ranges from $2,000 to $12,000 for repairs.

Shelley Maldonado, condo owner said, “We shouldn’t be stuck with it at all. We did nothing, there was no way we could protect ourselves after those gutters came down.”

The blinds are a constant reminder to Shelley of the $12,000 in damage she’s suffered and they’re going to have to be replaced because they’re not only crinkled but stained.

Responding to the condo owners, Anderson Roofing contacted its insurance company Encova which paid for an engineer and then denied claims saying, “We don’t find any negligence or liability on the part of our insured for damages.”

Maldonado said, “My insurance said and they wouldn’t pay for it.”

Dave Anderson blames bad windows with cracks and wood rot already there when the storms hit. He says the gutters down did not cause the leaks in the condos.

Mary Jo Orth is a Deauville Condo Association board member.

Mary Jo Orth said, “It wasn’t fair because it was so obvious that without gutters rain is going to come into the building.”

Dave Anderson says the old gutters were down only a couple of weeks before new ones went up while condo owners claim it was weeks longer.

But all agree heavy rain fell on a gutter-less building causing a stormy debate over what is responsible for water coming in.

The owner of Anderson Roofing says 25 years of experience earned his company an A-plus rating and he relied on his insurance to thoroughly investigate what happened. Encova declined to provide details. The Deauville Condo Association says the dispute is between the contractor’s insurance and each condo owner’s insurance.