Water Damage

[michtah]

What is the name of your state?What is the name of your state? Florida

Recently, a water leak in my condo has created damage. We have investigated the cause and it was found to be 2 things: (1) the upstairs neighbor had a faulty toliet seal and so water was leaking into my condo and (2) the upstairs neigbor's shower pipe had a hole in it and was leaking water. My condo documents hold the condo association responsible for "common pipes" from more than one unit and my upstairs neighbor refuses to pay for damage as does the condo association. I was in the process of getting homeowners but didn't have it before the damage.

Shouldn't the neighbor upstairs be responsible for all damage and repair?

[HomeGuru]

Originally Posted by michtah

What is the name of your state?What is the name of your state? Florida

Recently, a water leak in my condo has created damage. We have investigated the cause and it was found to be 2 things: (1) the upstairs neighbor had a faulty toliet seal and so water was leaking into my condo and (2) the upstairs neigbor's shower pipe had a hole in it and was leaking water. My condo documents hold the condo association responsible for "common pipes" from more than one unit and my upstairs neighbor refuses to pay for damage as does the condo association. I was in the process of getting homeowners but didn't have it before the damage.

Shouldn't the neighbor upstairs be responsible for all damage and repair?

**A: yes****************************.

[michtah]

From what I understand of your comment, you were not responsible but your tenant was. In that case, it sounds like the insurance company is saying that your tenant is responsible for damage above and below (let me know if I'm correct). From my understanding of civil matter, your tenant was negligent causing damage to a unit below. If I were the unit below, I would sue the owner for the above and expect to win. If you, the upstairs owner lost, it would be then your responsibility to go after the tenant. The downstairs person would not go after the tenant directly. Am I understanding this right?

As of now the HOA and I are in agreement over the condo docs and the responsibility. We believe the upstairs tenant is responsible although she is refusing. I am in the process of having a real-estate attorney interpret the condo docs afterwhich I plan to confront the owner. If she refuses, which she probably will, I am going to repair the damage myself and sue.

[michtah]

She saw the place and the damage. The HOA has been active in the case because I have constantly been pursuing them and complaining about the owner. The condo owner refused to a hire a plumber, even after I took a day off work to wait for the plumber. The HOA stepped in and hired a plumber (and has the intention in getting its cost back from the owner). Then she refused to give the plumber access because "she was at work" and "the plumber did not need access" so I threatened to call Police but she quickly made alternative arrangements and access was granted. The plumber found the source, an inappropriate toliet seal and a hole in her shower pipe, and fixed it. She now refuses to pay for the water damage as well as the plumber, water damage alone estimated at $250. Ironically, she is a board member. I told her she has until Monday to reconsider. After that I will initiate litigation to reimburse me for repairs that I will do and begin the process for her removal from the HOA. She's thinking now...she feels that if she can't see the pipes, it's not her responsibility. I told her that's not how it works. She's thinkin....

[california owne]

I wish you good luck, but I cannot understand why the owner upstairs won't pay the $250 for the water damage. The person above you should be thankful that you are willing to get the work done and sue them later. If you waited the water damage could have become much worse and it would cost them A LOT more. Let me know how it works out.

[HomeGuru]

Rat,
please deletdeyour duplicate posts and start your own thread.

[rahooool]

NJ

I found this in another posting by claimlaw - adding it here since no one has answered clearly. I am a top unit owner and a leak happened from my place causing damage to the lower unit. Insurance is claiming no negligience which sux for the guy below. But ive pai my deductible for my damage and im letting them handle the lower guys problems.....

"The same rules apply in HO policies. If your neighbor's tree falls on your house, your insurer pays - not theirs. Unless your neighbor had constructive notice that the tree was rotten and likely to fall, or was neglegent in cutting it down or maintaining it - your insurer pays.

That said; in most cases, your insurer will pay for your damages and then subrogate against the other party and/or their insurer. No it doesn't seem fair to the innocent party but that's the way it works.

In the absence of insurance on your part, you could sue, perhaps in small claims as suggested above, however, unless you can show that the proximate cause of the "accident" was the condo owner's negligence - he will prevail.

If you sue, you will name the condo owner above you. Suing in general in 1st party property claims is a loser unless bad faith is involved - and then it's still an overall loser. Your lawyer will be the only one that makes any money since they will never take it on contingency. Even the experience insurance practicioner will learn on your dime. Claimlaw"

[michtah]

So unless the neighbor upstairs was negligent, I can't sue? In this case, part of the damage was from negligence (improper installation of a toliet seal) and the second cause was a hole in her pipe which I guess would not be negligence. In the worse case she would be responsible for 1/2. However, the condo docs hold the association responsible for common pipes only which doesn't qualify in this case. So wouldn't she be in breach of contract (she bought with the contractual obligation to the condo bylaws?) so she is responsible for her own piping.

[rahooool]

NJ

Yes - in a normal world - the condo of origin of a problem should be responsible - I agree with this even though the problem originated in my condo and I think my insurance should pay.

Unfortunately unless your condo bylaw or a state law explicitly says this - the guy above is not liable - which is the loophole insurance uses.

I wish I could pay the guy below - but Im not going to for two reasons - 1) there's a reason we buy insurance - to cover such things and 2) since he's been really nasty since then and refuses to talk to insurance and keeps calling me (he has a letter from my insurance co. saying not to call me and to call them). If you have a car accident - u go to the other guy's insurance right - not to him!! And there's no need to be nasty.

Anyway for the future I will try to get our Association to add this in the bylaws because its not fair to either of the residents and insurance takes advantage of these things. Also - pipes between walls should be the Complex's responsibility since there's not much a resident can do about those.

[michtah]

Clearly the guy below you is shady. I'm not. The owner upstairs caused a leak by (1) her negligence in having a toliet installed, most likely by an unlicensed plumber who used the wrong seal and (2) a leak in her shower pipe which might have been beyond her control. However, our condo docs hold owners responsible for single unit piping. So either way she loses. I shouldn't have to pay for someone else's problems causing direct damage to my place. The person is ironically a board member and the other 4 board members agree that she is responsible and have themselves been in a similar situation. Where are we headin? To court, because I don't have time to play the blame game. Ironically, the HOA is considering joining the lawsuit to recoup the amount they paid for plumbing repair.

You're guy is just shady. I documented everything. I called the HOA and the neighbor and showed all damage. She saw the causes of the water damage. She actually saw the water running from her condo causing the damage. She has no excuses, no deniability and I have little patience and little time to wait for her.

[rahooool]

NJ

Yea your right - since the lady above you was negligient, you have a pretty good case. Just make sure you get a lawyer who only collects if you win.