Condo owner non-suits management in litigation over water damage

David Yates Mar. 24, 2016, 11:59am


GALVESTON - A Harris County woman who sued a Galveston homeowners association over damage from a water leak has non-suited the defendants.

As previously reported, Tina Cohen filed a lawsuit March 31, 2015, in Galveston County District Court against By The Sea Council of Co-Owners Inc.

Court records show that on Jan. 12 Cohen filed a notice of non-suit without prejudice.

The following day, the trial court dismissed her claims.

According to the complaint, Cohen owns a residential condominium unit at 7310 Seawall Blvd. No. 909 in Galveston managed by the defendant.

The suit stated another unit owner initially noticed a leak Sept. 4, 2014, and notified management. The defendant entered the plaintiff’s unit to inspect the premises but did not notify Cohen until Oct. 8, 2014.

The suit said maintenance personnel damaged Cohen’s unit by knocking holes in the ceiling to alleviate water pressure in common area spaces, which then caused flooding in the plaintiff’s unit.

The unit incurred mold damage and required remediation and construction to repair damaged areas.

The plaintiff alleges negligence and breach of contract on the part of the defendant, maintaining the association is obligated to repair her unit and has failed to do so.

Cohen sought damages between $100,000 and $200,000 in compensation, pre- and post-judgment interest, attorney fees, expenses and costs.

Attorneys Danny Sheena and Jason Scofield of The Sheena Law Firm in Houston represented her.

Galveston County District Court case number: 15-CV-0324

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