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Your Condo's Declaration and By-laws will determine who pays. I would not rely on the President's words, have him provide you the section of docs that specify. You need to take photos, and, especially if person above is uncooperative, open your ceiling to follow the water to it's source. Document that with photos. Once you factually establish the leak IS from the unit above, they cannot prevent access to investigate and/or repair. This would also be in your Condo docs.
I think in general, condo owners are responsible for water damage under them from their plumbing.
That depends.
There is contract law and negligence law.
If the condo documents (contract( say that the owner is responsible for any damage coming from their unit regardless of cause then, yes, they are responsible for the cost of repairs.
If the condo documents don't say that, then there is negligence law. If the upstairs neighbor had no knowledge of the leak and no way of knowing (hidden) then there is no negligence and the neighbor is not responsible for the ensuing damage but would just have to pay for her own repair to stop the leak.
It depends what's in your covenants. I'd start working on this before there's more damage to your unit. I wouldn't wait for the condo board to do anything.
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.
Yes, take care of the leak now and don't wait for the neighbor to take responsibility. Not saying they won't eventually pay and do the right thing, only that water damage has to be addressed quickly.
I discovered a leak in my kitchen/living room ceiling. It’s peeling and there a water stain. I called my upstairs neighbor, and she says she has no water there. She had someone look. But it’s coming from somewhere above. The source needs to be found so it can be fixed, and I can then have the damage fixed.
I called my insurance co. They only cover the damage, but I still need to call a plumber to find the source and fix it
Here’s my question. If the leak is in the condo above me (which it has to be) then who pays to fix the leak? Do I pay for someone to go in her condo and find the leak and fix it? She’s not interested in doing anything! She says everything is dry upstairs.
The leak is intermittent so I’m thinking it’s her dishwasher. Maybe. Also if it’s a pipe in the ceiling, who fixes that? Me or her?
I live in florida. This needs to be fixed soon as mold can grow in the ceiling. The lady above isn’t cooperating. She doesn’t want to know anything. I’m upset to say the least.
So who should pay?
First, you probably should consult with a lawyer if this appears to be a potentially large expense and the building will not agree to address.
Second, the condominium documents usually address issues of this nature. They usually provide that repairs within your unit are your responsibility, which is from your walls inward. They usually provide that repairs behind the wall are the buildings responsibility. The delineation is that behind the wall is a "common element" and those are the buildings responsibility. The condo declaration usually provides that the association is responsible for maintaining and repairing the common elements, and the Owner is responsible for maintaining the unit.
Third, a lawyer might send a demand letter to the building telling them that should they fail to address, they will be responsible for any consequential damages.
Finally, if the condominium will not repair or investigate, you may want to do so. The cost of repair is likely less than the cost of potential damage to your unit, and the insurance company may try to disclaim coverage on the basis that you did not repair to prevent the damage. Again, a lawyer will tell you if that is a good course.
I had a leak on my first floor from the roof, no water was getting into the second floor. You can go ahead and get a plumber to tear things apart but if it's a roof leak you're gonna have an awfully expensive bill.
People need to pay attention to adjusterjack's statement about contract law v negligence too. Just because someone else's neighbor paid for damages they weren't liable for doesn't mean your neighbor will, or should.
Our condo board president moved a bookshelf and found mold behind it. Further investigation found a leak, but it was coming from an exterior leak through the roof/siding. The HOA insurance paid.
This doesn't sound like the same situation, though. We don't have units on top of other ones.
Your condo docs do give you the right to access other units when necessary for repairs. You may need to get a court order to do so when someone refuses to cooperate, but it depends on exactly the issue, and what the docs say, and what local law says. Once the dust settles, you sue your neighbor, or the association, for the costs depending on the ultimate source of the leak.
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