What is the name of your state (only U.S. law)? MINNESOTA
[FIRST POST. MOD: PLEASE MOVE IF THIS IS IN WRONG SECTION]
Location: Minneapolis, MN
62 Unit Condo Building.
There was a scheduled water shutoff in my building so a new owner could complete a repair (This occurred on a Friday).
By the time my wife and I got home from work that evening we noticed that the toilet was not filling. The main water tank in our building is known to be full of rust & sediment (at the bottom of the tank). A lot of this junk gets kicked up when water shut-offs take place (Association knows this and has plans to replace the water tank in approx 5-6 years). So our toilet is clogged.
Note: There is NO individual shutoff's in the building for any unit. If water to a shower needs to be shutoff to perform a repair/upgrade, the whole building needs to have water shutoff.
Saturday: After taking apart the toilet, I determined the issue was the on/off valve that sticks out from the wall. No water was coming through the flex tube that extends from the on/off valve to the base of the toilet. Having the flex tube removed from the toilet, turning the valve on/off completely several times did not allow any water to come through: The issue was with the valve itself; it had become clogged.
(Here's were I start assuming...)
Assuming that the root issue was the buildings faulty water tank containing large amounts of rust & sediment, & assuming that the issue was at the wall valve, I assumed that it was a building issue and the costs would be incurred by the building association.
Onsite building manager was called and stated that a service call would have to be placed. Service call placed through management company's call center, but no tech could come out on Saturday, it was too late in the day.
I was asked on the phone if it was an "emergency", and I simply replied that our only toilet didn't work. He said he could get a tech out on Sunday. I agreed.
At no point was I warned that a cost may be incurred to us, and at no point was a cost discussed or rates explained for the service to be performed in the event the owner would be responsible. At no point was it even suggested or hinted at that the owner COULD be responsible for the costs of the repair.
Anyways...
Tech came on Sunday and completed the repair. He removed the flex tube from the wall on/off valve, fished out the on/off valve a bit, and replaced with a new flex tube. Toilet worked again. Yaay. Work took all of 20 minutes.
1 month later association bill shows up in the mail with our normal dues + the cost of the toilet repair: $620!!
After calling plumbing company and getting breakdown of bill, we were quoted:
Billed for 2 hours & $260/hr. per union mandate.
2 hour minimum for emergency calls. Any call placed for weekend work is automatically considered an emergency.
================
Currently the issue is in limbo as we are talking with the association to gather all the details of the repair.
My question is: HOW can I determine where the responsibility lies?
Association or Owner?
Association is stating that since the issue occurred within the walls of our unit, it's our problem.
I contest that since it was a building issue that caused the problem, the association should cover it.
I have my condo docs, and can quote any section here for clarity.
I'm just not sure which portions would be applicable, or where I should start looking.
Lastly, if it comes down to it, would there be any merit to taking this to small claims court and representing myself?
Looking for some guidance on how to proceed.
Thanks in advance!
[FIRST POST. MOD: PLEASE MOVE IF THIS IS IN WRONG SECTION]
Location: Minneapolis, MN
62 Unit Condo Building.
There was a scheduled water shutoff in my building so a new owner could complete a repair (This occurred on a Friday).
By the time my wife and I got home from work that evening we noticed that the toilet was not filling. The main water tank in our building is known to be full of rust & sediment (at the bottom of the tank). A lot of this junk gets kicked up when water shut-offs take place (Association knows this and has plans to replace the water tank in approx 5-6 years). So our toilet is clogged.
Note: There is NO individual shutoff's in the building for any unit. If water to a shower needs to be shutoff to perform a repair/upgrade, the whole building needs to have water shutoff.
Saturday: After taking apart the toilet, I determined the issue was the on/off valve that sticks out from the wall. No water was coming through the flex tube that extends from the on/off valve to the base of the toilet. Having the flex tube removed from the toilet, turning the valve on/off completely several times did not allow any water to come through: The issue was with the valve itself; it had become clogged.
(Here's were I start assuming...)
Assuming that the root issue was the buildings faulty water tank containing large amounts of rust & sediment, & assuming that the issue was at the wall valve, I assumed that it was a building issue and the costs would be incurred by the building association.
Onsite building manager was called and stated that a service call would have to be placed. Service call placed through management company's call center, but no tech could come out on Saturday, it was too late in the day.
I was asked on the phone if it was an "emergency", and I simply replied that our only toilet didn't work. He said he could get a tech out on Sunday. I agreed.
At no point was I warned that a cost may be incurred to us, and at no point was a cost discussed or rates explained for the service to be performed in the event the owner would be responsible. At no point was it even suggested or hinted at that the owner COULD be responsible for the costs of the repair.
Anyways...
Tech came on Sunday and completed the repair. He removed the flex tube from the wall on/off valve, fished out the on/off valve a bit, and replaced with a new flex tube. Toilet worked again. Yaay. Work took all of 20 minutes.
1 month later association bill shows up in the mail with our normal dues + the cost of the toilet repair: $620!!
After calling plumbing company and getting breakdown of bill, we were quoted:
Billed for 2 hours & $260/hr. per union mandate.
2 hour minimum for emergency calls. Any call placed for weekend work is automatically considered an emergency.
================
Currently the issue is in limbo as we are talking with the association to gather all the details of the repair.
My question is: HOW can I determine where the responsibility lies?
Association or Owner?
Association is stating that since the issue occurred within the walls of our unit, it's our problem.
I contest that since it was a building issue that caused the problem, the association should cover it.
I have my condo docs, and can quote any section here for clarity.
I'm just not sure which portions would be applicable, or where I should start looking.
Lastly, if it comes down to it, would there be any merit to taking this to small claims court and representing myself?
Looking for some guidance on how to proceed.
Thanks in advance!
