Ceiling Damage...Not MY FAULT!!

[NYBLU]

What is the name of your state (only U.S. law)? NY

Hi, I have been living in the same coop for almost 9 years, and am fed up with being harassed by the management/superintendents.
For 7/9 years, a lady lived below me and NEVER ONCE had a complaint about leaking, or ceiling damage.

Now, we have this tenant that has NOT STOPPED complaining, since she moved in below us, about leaking into her apartment bathroom for almost two years. During this time period, the complex manager has changed (3) three times! Now is the first time they have sent us a letter that WE will be responsible for the entire repair of the ceiling for the neighbor below us. Now I don't doubt there may be damage, but I have NEVER ONCE SEEN her apartment, nor can the coop people produce pictures. However, I can say, to me and my family's great disturbance, and invasion of privacy, the COUNTLESS times that the superintendants have visited and inspected my apartment (bathroom) at ALL hours of the day and night.

They could not for the life of them figure out why there was leaking. They removed my hamper, broke walls and tiles, removed my sink, checked pipes (supposedly) and caulked time and again - yet still leaking occurred. My husband had also used silicone sealant along the alleged area where water goes. I have also complained about the drain pipe(stopper) which constantly overflows/backsup in that area, but they have repeatedly ignored me, and improperly fixed it. They also never properly fixed the tiles they broke as well.

I swear to you that we engage in every day normal living and use of the shower and bathtub. One night, my young daughter had croup, and I turned on the shower for steam, and sure enough, the super was over in the middle of the night. Several times that the tenant comnplained about "leaking", the super would find that our bathroom was completely dry. ???

Now, here's the rub. My husband has a poor relationship with the main super who's very nasty and was even threatened by him. The other junior super even said one night that he believes that it is NOT our fault, and that it must be the shower piping. After the main super spoke with him, the story naturally changed! This new manager is completely under the influence of this SOB super, and I believe he is behind trying to pin responsibility on us.

The letter they wrote to us also doesn't make sense. They claim that water "reflecting off walls and/or the body of the person in the shower" onto the walls and/or floor causes this leaking. I get these complaints even when noone is in the shower!!!

They supposedly did a test where they say in one particular area between the bathtub and sink, is where the water leaks to. Supposedly poured water there while someone below watches. So, if that's the case, how many friggin times do they have to try to fix it, and why haven't they properly? Not too mention, blaming us for floors that "we" put on when we moved in. They are the floors that were there when we moved in 9 years ago. I believe the super/tenant has a vendetta, but nonetheless, how fair is this??? And, if they "fix" the ceiling, without fixing the problem (whatever it is), does that mean I have to pay every time their ceiling gets damaged? And, what is it that I pay maintenance for? Do we have any recourse here? As far as I'm concerned, they won't see a dime from me....Oh, how we want to move far away...THX

[ecmst12]

Report the claim to your homeowners insurance and let them defend you. The complex and/or the downstairs neighbor would have to prove you negligently caused the leak for you to be held responsible. They can't do that. There is most likely a problem with the pipes between the units - you have no control over that and can't be held responsible.

[NYBLU]

Thx for reply. They management and the board, appear at this point, determined to fix the charges to us (I'm waiting for a reply from the VP of Mgmt). I agree thay can't "prove" negligence, but I was hoping some way to fight this before I have to go to court and/or consider an atty. What is it that I can try to the mgmt/board to make them understand this is NOT provable?

(BTW as an aside - they just closed our gym until further notice b/c of flood due to a burst pipe - unbelievable!)

Please advise.