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Old 05-30-2015, 04:10 PM
 
122 posts, read 271,106 times
Reputation: 53

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I moved to a 2nd story condo last year and last week the owner in the 1st floor unit knocked my door and told me I had a leak in my bathroom. I later found out the toilet flange is unleveled and it could be a reason why it had a leak. By looking into it carefully, I found this 50 years old building moved to the right and pushed the pipe very hard and made the flange unleveled and also caused a hole on the right side of the pipe. Is this a foundation issue? Who should pay for the my unit's impairment and the unit below me?



In my HOA document, it stays:

HOA is responsble for the following:

Repairs to portions of plumbing and sewer lines outside or the boundaries of a Unit (including plumbing and sewer serving only one Unit) except when casued by the occupants of a Unit. Damage to a Unit occasioned by causes initially occurring outside of the Unit (but not consequential damages such as to furniture clothing or personal items). Water lines going to water cut off box in common walls and sprinkler lines

Unit Owner:

All portions within a Unit serving only that Unit including fixtures and appliances attached thereto. Damage to a Unit originating from causes initially occurring within the Unit that are the responsibility of the Unit owner. This includes water heaters, washing machines, dishwashers, water softeners, and purifiers. Water lines into and out from the Unit. Sprinklers lines damaged by previous or present owners.
Attached Thumbnails
Should my HOA be responsble to repair my floor caused by foundation or plumbing?-1.jpg   Should my HOA be responsble to repair my floor caused by foundation or plumbing?-2.jpg   Should my HOA be responsble to repair my floor caused by foundation or plumbing?-3.jpg  
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Old 05-30-2015, 05:18 PM
 
5,046 posts, read 9,616,978 times
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Your building moved?
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Old 05-30-2015, 07:28 PM
 
122 posts, read 271,106 times
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Quote:
Originally Posted by cully View Post
Your building moved?
Maybe there is foundation issue. Either the building shifted or the pipe shifted.
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Old 05-30-2015, 07:54 PM
 
Location: Shady Drifter
2,444 posts, read 2,762,929 times
Reputation: 4118
Ask them to pay. If they refuse, consult an attorney. But no one on here can give you legal advice or tell you what your HOA will do.
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Old 05-30-2015, 08:30 PM
 
5,046 posts, read 9,616,978 times
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If your foundation is moving you have more problems that a toilet flange. If you really think it moved you should look into an engineer for proof. Then decide among all owners and board what is worth it to do.
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Old 05-30-2015, 09:29 PM
 
7,672 posts, read 12,815,129 times
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Someone can also knock the toilet off to the side as well and not realize it. I know as it happened to me with some teens that were horsing around. Sigh.

I would go ahead and repair it and see if it happens again. It probably costs a lot more than the repair to hire a structural/foundation engineer to check it out. I would also ask your neighbors on your floor if they had issues too.
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Old 05-30-2015, 09:47 PM
 
122 posts, read 271,106 times
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Quote:
Originally Posted by momtothree View Post
Someone can also knock the toilet off to the side as well and not realize it. I know as it happened to me with some teens that were horsing around. Sigh.

I would go ahead and repair it and see if it happens again. It probably costs a lot more than the repair to hire a structural/foundation engineer to check it out. I would also ask your neighbors on your floor if they had issues too.
My toilet can't move that way because the water tank is in a tight place. This is the only unit on 2nd floor Thank you for your help any way!
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Old 05-31-2015, 08:03 AM
 
2,600 posts, read 8,787,939 times
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Nope.
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Old 06-01-2015, 06:11 AM
 
Location: NC
6,032 posts, read 9,208,988 times
Reputation: 6378
This is not an HOA responsibility. They will likely defend that it originates inside your unit and is a maintenance item that was negligently not noticed.

You most likely will be on the hook.
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Old 06-01-2015, 06:31 AM
 
Location: Port Charlotte
3,930 posts, read 6,441,479 times
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You own from paint to paint, floor coverings to paint. Plumbing in the structure is the responsibility of the HOA. The gasket, commode is your responsibility. The plumbing it connects to is the HOA responsibility.

Ask them to fix it. If they refuse, get an attorney to write a letter. That should suffice.
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