Leak in condo. Who pays. (documents, lawyer, claim, expensive)
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I’ve had two leaks in my condo coming from upstairs. Both times the upstairs owner paid. Once his insurance covered it and the last time he chose not to make an insurance claim and he paid for it himself. He hired the plumber and painter.
There are two general cases for plumbing lines under pressure that leak
1) the leak originates inside a unit above you <== responsibility of the unit owner
2) the leak originates from an HOA owned pipe in the crawl space/conduit/service space <== responsibility of the HOA
Then, there are leaks that do not originate from a plumbing line under pressure, including
A) Roof leak/flashing leak/window leak/other type of leak in the structure of the building <== usually the responsibility of the HOA
B) Sewer line clogged & backing up caused by, for example, the use of "non-flushable wipes" <== HOA responsibility, but the HOA might assert it is actually caused by residents in a specific unit of the building, who, of course, will deny that assertion; expect litigation
Of course everything is dry upstairs. Water flows downhill due to gravity.
Yes, you will have to coordinate the plumber and whatever repairmen are needed, and you will need to file an insurance claim for compensation. You can't expect your association, your neighbor, or your insurance company to go nosing around inside your unit to figure out what's going on, on your behalf. Call a plumber and have them open up the drywall to see where the leak is coming from. Slow leaks can dribble along a pipe until it reaches a low point, and only then does it begin dripping on the drywall where you can see it. So the leak might not actually be where you think it is.
If the leak is caused by the neighbor's appliances or a pipe on an interior wall, then the neighbor is likely responsible. If the leak is caused by a pipe on an exterior wall, the the association is likely responsible.
Note that it is common for bylaws to *require* you use your insurance to repair damages inside your unit. Condominium Associations often do this because A)the insurance companies act as a neutral party that can validate what repairs are needed and how much they should cost; and B)the amount of compensation you are due is highly dependent upon your policy coverage. Since that was entirely your choice, the association shouldn't be responsible for it.
All of this should be spelled out in your bylaws, which you should read and be familiar with.
There are two general cases for plumbing lines under pressure that leak
1) the leak originates inside a unit above you <== responsibility of the unit owner
2) the leak originates from an HOA owned pipe in the crawl space/conduit/service space <== responsibility of the HOA
Then, there are leaks that do not originate from a plumbing line under pressure, including
A) Roof leak/flashing leak/window leak/other type of leak in the structure of the building <== usually the responsibility of the HOA
B) Sewer line clogged & backing up caused by, for example, the use of "non-flushable wipes" <== HOA responsibility, but the HOA might assert it is actually caused by residents in a specific unit of the building, who, of course, will deny that assertion; expect litigation
Another option is appliances. A leak in my kitchen (leak=waterfall) was caused by my neighbor's malfunctioning washing machine. Something broke in a machine that was only three months old, and water just kept gushing into their machine until it overflowed. Alarms were going off, but she still couldn't get it to stop gushing. Because we have complicated setups with the washing machine hoses fishing through behind the dishwasher to the sink traps, it's not so easy to just disconnect things. We shut the whole building's water off but it still took a while for the water to stop.
Lucky for me, the drywall and wood floors were just a tiny bit damaged so I got a fresh new paint color and refinished floors that improve my property value. I convinced an electrician that the insulation was damaged in the old light fixture and so I got an upgrade from the awful old thing, all on the insurance company's dime. I tried to convince the adjuster that my granite counters were damaged but he didn't go for it.....
I disagree that OP should expect litigation. It should be pretty clear from an plumber's report and the bylaws who is responsible. But regardless the insurance company will reimburse for your damages, and then after that it's up to the insurance company to go after either your neighbor or the association to recoup their expenses. In the rare event that there is a dispute between insurance companies, subrogation would represent you in a legal matter.
If it's a dispute with the association, they would almost certainly do anything to avoid litigation, since that step would require a vote of approval by the whole association. No doubt the other owners would question why they heck they have to pay to fight you on such repairs. And regardless of the outcome, their insurance premiums would almost certainly increase significantly...another thing the other owners would likely question.
Last edited by MarianRavenwood; 08-13-2022 at 10:04 AM..
Marblecake, I'm not going to speculate. I'm going to tell YOU what YOU have to do to avoid having your unit destroyed.
YOU have to have your ceiling opened to determine the source of the leak. Take photos.
If it's your pipes, YOU have to fix them and then restore your ceiling.
If it's the upstairs pipes and you can't get the neighbor or the association to do anything, YOU fix it.
Of course, you pay for all of this along the way, taking photos and collecting receipts.
Then you gather up everything and submit it to your insurance company and see how much of it your insurance pays for.
Or, you can make claims against the neighbor and the association and wait around while everybody points fingers at each other until you have to file a lawsuit.
Your priority is getting the leak fixed.
Self-preservation is nobody's business but your own.
1. I was getting a water puddle into my bathroom occasionally. I called a plumber who determined that it was the washing machine in the neighboring unit. I paid for my plumber to determine this, the neighbor paid for her washer to be fixed. I probably have to pay for someone to fix two drywall holes in my bathroom, my plumber sawed out 2 holes to find the leak. I have put the drywall pieces back in, but have not yet taped them or painted the wall. I could probably get the neighbor to pay, but it's easier to get it done myself.
2. We had a pretty big leak going from the 6th floor to the 2nd floor in a bathroom. Because it affected multiple condos and it was found that something was not removed from a pipe during construction 10 years ago, our condo paid for the plumber/fix. It wasn't cheap!
YOU have to have your ceiling opened to determine the source of the leak. Take photos.
If it's your pipes, YOU have to fix them and then restore your ceiling.
If it's the upstairs pipes and you can't get the neighbor or the association to do anything, YOU fix it.
Of course, you pay for all of this along the way, taking photos and collecting receipts.
Then you gather up everything and submit it to your insurance company and see how much of it your insurance pays for.
Or, you can make claims against the neighbor and the association and wait around while everybody points fingers at each other until you have to file a lawsuit.
Your priority is getting the leak fixed.
Self-preservation is nobody's business but your own.
This! First Fix the leak! Then fix the financial side!
My husband had an unknown leak in his condo and the ceiling of the condo below collapsed. His insurance company paid for everything including the tenant's medical bills. She was standing under the ceiling when it collapsed and her neck was hurt. Fix your leak now.
I do agree with being proactive to find the source of the leak asap. Open up the damaged area from your side and see what you can learn. Prevent more damage. I think in general, condo owners are responsible for water damage under them from their plumbing. They would NOT be responsible if the leak is actually coming down through some other path from above - from the roof or other failed system.
I just spoke to the board once again. This is what I was told. It’s between me and the upstairs owner to solve it. Board does not get involved. If it was vertical pipes or an outside issue like the roof they would get involved. But since it’s coming from upstairs it’s between us.
So if she’s not willing to cooperate, them I will have to get a plumber to take down my dry wall and look for the leak.
Thanks for all your replies.
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