Condo Sprinkler Pipe Damage Responsibility

[bsting380]

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

I live in a condo and this past weekend while installing new moulding, I punctured a sprinkler pipe in my unit with a nail which caused a leak and damage to the unit below. The HOA had the Fire Systems crew repair the pipe, but they state that I'm responsible for the repair work in both mine and my neighbor's unit, etc.
Here's where I need advice:
I was really surprised to see that the sprinkler pipe is RIGHT up against the drywall. There is no spacing or gap like commonsense would tell you there should be. So literally anyone even putting up a painting could've punctured that pipe. A 1-inch nail would easily cause a leak.
Now, I'm in the process of finding out if any actual building or fire safety codes are violated but so far it seems like there's no regulations regarding distance from the pipe to the drywall.

Do you guys think I have any realistic legal precedence to pursue this further?

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

[You Are Guilty]

First of all, even if you find a code saying the pipe shouldn't have been there, that doesn't relieve you of liability to your neighbor. After all, your acts are the only reason he had water damage. That's why you submitted his claim to your homeowner's insurance company, right?

As far as your liability for the HOA repairs, that's not a cut and dry answer (pun intended). First of all, what is your ownership interest in the pipe/space behind the walls? (Do you only own walls-in or do you have an interest in the space between the walls as well?)

If the behind-wall plumbing is in a common area (i.e. not your individual responsibility), then you may have a couple arguments to get out of paying the HOA's repair fee. Of course, each argument has a pretty good counter-argument, but it probably won't hurt to try:

1. Find a building or fire code that says pipe should not have been located where it was. Argue you're not responsible for builder's failure to properly follow code.

2. Argue the cost of the repairs is excessive. Ask for supporting documentation. Get estimates from other companies to show the work could have been done less expensively.

Either way, your insurance will cover the damages, at least to the extent they cost more than your deductible.

Good luck.

[HomeGuru]

Originally Posted by bsting380

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

I live in a condo and this past weekend while installing new moulding, I punctured a sprinkler pipe in my unit with a nail which caused a leak and damage to the unit below. The HOA had the Fire Systems crew repair the pipe, but they state that I'm responsible for the repair work in both mine and my neighbor's unit, etc.
Here's where I need advice:
I was really surprised to see that the sprinkler pipe is RIGHT up against the drywall. There is no spacing or gap like commonsense would tell you there should be. So literally anyone even putting up a painting could've punctured that pipe. A 1-inch nail would easily cause a leak.
Now, I'm in the process of finding out if any actual building or fire safety codes are violated but so far it seems like there's no regulations regarding distance from the pipe to the drywall.

Do you guys think I have any realistic legal precedence to pursue this further?

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

**A: you have no case, you are liable.