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I purchased my condo new in 2009... no issues, no complaints until now. A few days ago, the owner of the unit underneath me, complained of water dripping from a light fixture in his hallway. It turns out that it only happens when I have the AC running. I checked around the unit to see if there was any water leaking and that the system was draining properly. I even had a technician come out and check to make sure everything was ok. He stated my system was working perfectly, and could not explain the leaking... other than something going on under the floor.
I reached out to the HOA who stated that a number of units have had the same problem and that it could be because of the building settling, causing the HVAC unit to tilt to one side...?
Anyway, they said that I'm responsible for the repairs and any damage it may have caused to the other unit. Can anyone tell me whether or not I am responsible for this issue?
You might need to get a lawyer and get this dispute in court if you want to be 100% sure that is fair to you. If not, you have to settle it in a way that you would be ok with, such as making part of the repair payment instead of full payment. Is your call.
Hey nybklyn, thanks for responding. Think I'm going to explore the two options you mention. Going to read the bylaws again, and see if I missed anything concerning my unit and the common areas. Good thing its the end of the summer.
I purchased my condo new in 2009... no issues, no complaints until now. A few days ago, the owner of the unit underneath me, complained of water dripping from a light fixture in his hallway. It turns out that it only happens when I have the AC running. I checked around the unit to see if there was any water leaking and that the system was draining properly. I even had a technician come out and check to make sure everything was ok. He stated my system was working perfectly, and could not explain the leaking... other than something going on under the floor.
I reached out to the HOA who stated that a number of units have had the same problem and that it could be because of the building settling, causing the HVAC unit to tilt to one side...?
Anyway, they said that I'm responsible for the repairs and any damage it may have caused to the other unit. Can anyone tell me whether or not I am responsible for this issue?
Thanks
Building settling and an hvac tilt? Thats some load of crap. The hoa is aware of it, there should be some warranty, you did not install the system, and the building is reaponsible to maintain it, or should be.
If it is an ongoing thing, expect to pay for alot of bills over the years.
My unofficial take is that theoretically you probably would be responsible, but
1. if it's a problem in the whole building, that may provide you with an out.
2. if it's initiating under your floor, you may have an out.
I hope that you have that statement from the HOA in writing? And ask your tech to write you out a sentence as well, saying that his guess is that it's from under the floor.
Naturally, no one in his right mind want to pay for a lawyer. If the situation provides you with those two outs, I'd begin by writing a polite but firm letter explaining why it may not be your responsibility.
I purchased my condo new in 2009... no issues, no complaints until now. A few days ago, the owner of the unit underneath me, complained of water dripping from a light fixture in his hallway. It turns out that it only happens when I have the AC running. I checked around the unit to see if there was any water leaking and that the system was draining properly. I even had a technician come out and check to make sure everything was ok. He stated my system was working perfectly, and could not explain the leaking... other than something going on under the floor.
I reached out to the HOA who stated that a number of units have had the same problem and that it could be because of the building settling, causing the HVAC unit to tilt to one side...?
Anyway, they said that I'm responsible for the repairs and any damage it may have caused to the other unit. Can anyone tell me whether or not I am responsible for this issue?
Thanks
You didn't say what sort of AC unit you have that is causing this issue.
If the thing is a PTAC, in wall AC, or anything else that uses a sleeve cut into a wall, then you've got problems.
These in wall units use a sleeve and the AC or whatever is supposed to be pitched/installed in such a way that condensate drains out of pan and or otherwise is disposed. Some units advise not draining condensate as it is used to achieve higher energy efficacy (usually by slinging that water back to act as cooling).
In any event what can and often does happen is the things aren't installed correctly (unit and or sleeve), and or when there is simply too much condensate it overflows the pan. Having no where else to go it begins going into the masonry/walls, then following gravity works way down along easiest path.
Many, many, *Many* apartments in NYC have ceilings with peeling plaster/paint, water marks, mould, etc... all caused by "leaking" air conditioners.
In a rental building it is the landlord's responsibility to fix the issue and repair any damage. Since you own it will be *YOUR* deal to identify and repair the cause of damage. You might also be on the hook for damage to other units or elsewhere. Your recourse then is to take legal action against developer and or whoever sold/built your apartment.
These sort of things aren't news and more and more you are hearing about such issues. Plenty of new construction and or even renovations were done very shoddily and or on the cheap. You've got brand new condos with water leaking inside each time it rains.....
This past Summer and good part of Fall while not exceedingly hot, has been very damp/humid. This means ACs are working overtime wringing moisture out of inside air. All that water has to go somewhere...
I called my homeowner's insurance once to simply inquire about whether I'd be covered for a leak that was going on in between the floors (therefore not actually my problem, since it was a coop and the coop is responsible for anything that is between the wall/floor/ceilings). Insurance person told me that this call would count against me as a claim...even if i did not actually make the claim. The way I understood it was that this was #1 claim and if I had a second claim, a real one or just another inquiry, that the insurance company would just drop me.
This was a number of years ago and I am fuzzy on the details but my point is to be careful when calling your insurance company just to make an inquiry. Insurance companies suck. All of them.
The company was Allstate. I have since moved on to Travelers. Hoping they are a little bit better. Allstate was terrible.
Just speak to a realestatr attorney, consultations could be free, and $200 to write a letter to the HOA. It happened to other tenants is not an answer, but a revelation.
this call would count against me as a claim...even if i did not actually make the claim. The way I understood it was that this was #1 claim and if I had a second claim, a real one or just another inquiry, that the insurance company would just drop me. Insurance companies suck. All of them.
The company was Allstate. I have since moved on to Travelers. Hoping they are a little bit better. Allstate was terrible.
I dropped Allstate in favor of State Farm.
I, too have a through the wall sleeve into which I slid my new air conditioner. The AC is a little longer than the sleeve so I could have it stick an inch into the room or an inch outside. I chose the latter because it looks better. Then I drilled a small hole in one outside corner of the catch plate to drain the water out. I make sure the hole is cleared of debris at the beginning and end of each heating season. Perhaps my downstairs neighbor doesn't like the steady drip-drip onto his concrete window ledge but I get it from above, so fair is fair. I have no concern for efficiency because I get electricity for "free." <It's a constant amount that is folded into the Maintenance bill.>
Last edited by Kefir King; 10-05-2017 at 07:09 AM..
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