chimney-related ceiling leak--please help!

[bhjas]

We own a top (3rd) floor condominium in a 1920s building in Illinois/Chicagoland area.

In early December, ceiling cracks developed in our bedroom. This was reported to our (relatively new) management company immediately. Within 24 hours, the cracks spread over the entire ceiling and began to leak in several spots. 7 days later, the ceiling was 99.99% water-logged.

Roof and plumbing issues were ruled out immediately. In the course of the roofing inspection, a hole was punched in the ceiling on day 3, revealing minimal 1920s insulation (shredded newspaper) and mold all over the rafters and the interstitial space.

After several inspectors and a mold remediation specialist assessed the situation (all funded by us, as the management company didn't even come to the site for 2 weeks), it was determined that the nearby chimney (approximately 13 ft. from our bedroom) was not venting properly and that condensation was excaping into the interstitial space, colliding with the cold outer wall and then accumulating above our ceiling and causing the leak.

Background: the building had chimney repairs and maintenance done last summer. It turns out that very minimal tile parging took place and that improperly sized chimney caps were placed on both chimneys. A neighbor whose unit is near the south chimney (we are near the north one) experienced heat and gas accumulation ih her unit, became ill, and had to evacuate temporarily in October. [It was later revealed that carbon monoxide readings in the boiler room were 7000 parts per million (no readings taken elsewhere in the building; there are no carbon monoxide detectors anywhere).] The south boiler was then turned off by the management company, and the boiler/chimney next to our unit took over the workload for the entire building. None of this was shared with the association or the board.

The management company continued to maintain that the chimney repairs were not to blame until late December; however, we noticed that the chimney caps were removed from both chimneys.

In the meantime, our next-door neighbor's unit developed ceiling damage in 2 rooms; in addition, large cracks appeared on the wall she shares with the actual chimney.

The building's insurance company refused to pay for the damage, stating that it's caused by poor workmanship. The management company brought in the chimney company's insurance adjustor exactly 7 weeks after the damage initially occurred and is now instructing us to wait patiently, as "insurance companies can't be rushed."

Finally, we privately obtained 2 bids for ceiling removal, mold remediation, and ceiling replacement in mid-December. The management company finally brought 2 other companies to bid on the work in mid-January. The latter bids are significantly higher. The board is supposed to make a choice--but that hasn't happened during the last 2 meetings. Everyone seems to be waiting to hear what the chimney repair's insurance company says. However, regardless of their decision, won't we be making repairs no matter what?! This is like telling a heart attack patient, "why don't you just wait for a few months until we see what your insurance will cover."

We are now in week 8 and are wondering what other course of action we can pursue.

Many thanks for reading this long post, and for any input you may have.

[HomeGuru]

Originally Posted by bhjas

We own a top (3rd) floor condominium in a 1920s building in Illinois/Chicagoland area.

In early December, ceiling cracks developed in our bedroom. This was reported to our (relatively new) management company immediately. Within 24 hours, the cracks spread over the entire ceiling and began to leak in several spots. 7 days later, the ceiling was 99.99% water-logged.

Roof and plumbing issues were ruled out immediately. In the course of the roofing inspection, a hole was punched in the ceiling on day 3, revealing minimal 1920s insulation (shredded newspaper) and mold all over the rafters and the interstitial space.

After several inspectors and a mold remediation specialist assessed the situation (all funded by us, as the management company didn't even come to the site for 2 weeks), it was determined that the nearby chimney (approximately 13 ft. from our bedroom) was not venting properly and that condensation was excaping into the interstitial space, colliding with the cold outer wall and then accumulating above our ceiling and causing the leak.

Background: the building had chimney repairs and maintenance done last summer. It turns out that very minimal tile parging took place and that improperly sized chimney caps were placed on both chimneys. A neighbor whose unit is near the south chimney (we are near the north one) experienced heat and gas accumulation ih her unit, became ill, and had to evacuate temporarily in October. [It was later revealed that carbon monoxide readings in the boiler room were 7000 parts per million (no readings taken elsewhere in the building; there are no carbon monoxide detectors anywhere).] The south boiler was then turned off by the management company, and the boiler/chimney next to our unit took over the workload for the entire building. None of this was shared with the association or the board.

The management company continued to maintain that the chimney repairs were not to blame until late December; however, we noticed that the chimney caps were removed from both chimneys.

In the meantime, our next-door neighbor's unit developed ceiling damage in 2 rooms; in addition, large cracks appeared on the wall she shares with the actual chimney.

The building's insurance company refused to pay for the damage, stating that it's caused by poor workmanship. The management company brought in the chimney company's insurance adjustor exactly 7 weeks after the damage initially occurred and is now instructing us to wait patiently, as "insurance companies can't be rushed."

Finally, we privately obtained 2 bids for ceiling removal, mold remediation, and ceiling replacement in mid-December. The management company finally brought 2 other companies to bid on the work in mid-January. The latter bids are significantly higher. The board is supposed to make a choice--but that hasn't happened during the last 2 meetings. Everyone seems to be waiting to hear what the chimney repair's insurance company says. However, regardless of their decision, won't we be making repairs no matter what?! This is like telling a heart attack patient, "why don't you just wait for a few months until we see what your insurance will cover."

We are now in week 8 and are wondering what other course of action we can pursue.

Many thanks for reading this long post, and for any input you may have.

**A: you and your neighbor hire a real estate attorney and sue the HOA and management co.

[bhjas]

Thanks for your reply. On what grounds would we sue? Negligence?

[HomeGuru]

Originally Posted by bhjas

Thanks for your reply. On what grounds would we sue? Negligence?

**A: the attorney will explain the list of causes of action.