—Frustrated in Fort Lee
“This is more a question of liability than a property question,” says Attorney Michael D. Mirne, Esq. of the Law Office of Michael D. Mirne, LLC.
“In order to prevail in a matter of liability, the unit owners would need to prove that the property manager breached a duty to the unit owners, and that damage was caused as a proximate result of that breach of duty. In this case, I suspect that duty of the property manager is to exercise reasonable care. If it is a known fact that the use of rock salt will cause damage to concrete (something of which I was not aware), then the unit owners may be able to prove that the property manager breached its duty to exercise reasonable care.”