Leaking causing damage next door - where does my responsibility end?

[jayclag0115]

California State Law

I am currently in multiple disputes with HOA/Management and the owner of the adjacent unit for an ongoing issue.
My next door neighbor was trying to close sale her unit. The inspector sent by the buyer has spotted water damage and possibility of some mold on the side of the wall that's connecting to my unit in the garage. And here are the events that happened afterwards -

- Owner next door reported issue to HOA, HOA sent a plumber to her unit, couldn't find the problem. (opened up walls to find the cause of leakage in the process)

- Since the plumber couldn't find the leak after opened up walls in the unit reported the problem they had suspected the cause could've come from my unit. HOA then contacted me about the problem (this is when I started to get involve and became aware of the issue), and I had agreed to allow access to my unit

- Plumber dispatched by HOA came to my unit, couldn't identify the problem, and left

- I decided to call my plumber, and within two days the issues were fixed by my plumber. And it turned leaking came from a drain pipe from my bathroom that's in-between the walls of my unit and unit next door. The interesting thing is there's not apparent damage that I could spot in our unit, and my tenants never complained about a pipe leaking issue.

*** here comes the dispute****

- HOA now wants me to pay for the two plumber service calls that couldn't identify the problem. Of which, one of them happened before I was informed. (I feel if anything I should only be responsible for the one I agreed to allow access to my unit)

- Next door neighbor wants me to pay for mold mediation and mold presence test due the request of their buyer (this to me is even more outrageous as the leak although was from a drain pipe for my unit, but wasn't visible on my side. The cumulation of water and mold seemed to be more of negligence on their side. If they had spotted the issue earlier, I could've fixed everything earlier which would've avoided further damages)

- My plumber fixed a wire in between the walls which was suspected to have been cut by mistake by HOA's plumber (this I feel is me being naive thinking people would be sensible about these things. No one else other than me authorized the fix, I'm OK with paying for it if HOA, its plumber and the neighbor all decide not to own up to it.)

- Patching and painting of the walls next door ( I feel i'm responsible for 50% of it as it was the HOA's plumber that opened up the walls without my consent, but my plumber used the holes to finish the job)

- Fixing the leak (My plumber had bill me and I will pay for this 100%)

Question - Is it my responsibility to pay for HOA's plumber service call when they were sent without my consent and should I be responsible for mold mediation and presence test bills in this case?

 

[John Se]

Make them a reasonable offer

They as sellers should bear some of the expense, since they ignored the problem for some time. They are just trying to see if you'll flop or Roll over. Since they want to sell and you could hold things up they will probably come around.

 

[jayclag0115]

They as sellers should bear some of the expense, since they ignored the problem for some time. They are just trying to see if you'll flop or Roll over. Since they want to sell and you could hold things up they will probably come around.

Thanks! Just wanted to make sure I'm thinking in the right direction, and I have a solid ground to stand on.

I will keep the thread open and see if there are other opinions out there.

Thanks again!

 

[festival]

You do not have to pay for the remediation unless you were negligent. Based on what you posted, you were not negligent since the leak and damage were not visible to you or your tenant.

If there is no negligence, then each entity pays for their own damage, which IMO includes calling the plumber to diagnose.

Many people mistakenly believe that if a leak originates in your unit, then you must pay for all damage, but that is not the case unless you are also negligent.

There is a very small chance that your condo declaration makes you responsible for damages. Ask the HOA to tell you the provision, if any, that makes you responsible.

Regarding the drain pipe that you fixed. You should also check your declaration for a description of your unit and the common area, and the maintenance responsibilities to see if the drain pipe is actually part of your unit and/or your responsibility to repair. It may be common area and the HOA responsibility to fix.

Also, the wall between your unit and your neighbor may be common area.

There is probably mold on your side to clean up inside the wall.

You might want to suggest to your neighbor that she make an insurance claim to pay to fix the damage.

I would not offer anything, other than what you already stated.