Water damage, Concealed Plumbing

[Jump1]

What is the name of your state? California

Some shower plumbing that is inside a wall leaked, and caused water damage to the unit below. The wall is within my condo unit, and it is not between units. I want to determine whether the repair cost of the plumbing and damage to the unit below is my responsibility or the HOA's responsibility.

Is the plumbing in the space inside the interior walls considered common area?

Thanks!

Originally Posted by Jump1

What is the name of your state? California

Some shower plumbing that is inside a wall leaked, and caused water damage to the unit below. The wall is within my condo unit, and it is not between units. I want to determine whether the repair cost of the plumbing and damage to the unit below is my responsibility or the HOA's responsibility.

Is the plumbing in the space inside the interior walls considered common area?

Thanks!

What do the CCRs say about this?

[HomeGuru]

Dat's da million dolla question.

[Jump1]

Arrr...

I re-re-read the CC&R and discovered a portion I had not come across before! I had skipped the end of a long paragraph, which contained the crucial definition.

Unfortunately, it looks like I may be out for the amount of the repairs.

Section: Responsibility of Assoc. reads:

The Association shall provide for repair of the following ... utility installations within the Project wherever located (EXCEPT the Outlets thereof when located within a Condominium Unit. By way of Example, and not limitation, an "Outlet" shall mean any portion of a utility facility which is located in an electrical or wiring box or panel and any pipe or other utility facility from the point at which it is reasonably accessible from within an Owner's Condominium Unit. More specifically, the term "Outlet" shall mean the point at which any utility facility can be serviced without the need for destructive entry into the wall, floors, ceilings or any portion of the Common Area.

I had to break the ceiling below to locate the leak, but the leak itself was fixed without damaging the shower wall.

I'm adding to my list of reasons to never buy a condo.

[gmuguy]

The reason I ask is because the same thing happened to me (I'm in Virginia) but there is a wrinkle. I had an overflow valve gasket inside the wall (which is not a common element or is it?) go bad causing water to leak into the downstairs unit. I contacted the HOA who told me that it isn't their problem (figures!). The downstairs unit's owner was a complete PIA about it and took me for a ride. Rather than get into an expensive lawsuit with him (he threatened me with one but I'm a poor grad student and can't afford anything like that) I paid for his repair expenses and am now wondering if there is anyone that I can recover from. The wrinkle is that I contacted the former owner and he told me the exact same thing happened three years (do statute of limitations issues arise here and, if so, which ones?) ago and the HOA paid to fix everything. I'm wondering if because of this I can go after the HOA or the contractor who botched the job? Can anyone shed any light on this? :-)

[HomeGuru]

Originally Posted by gmuguy

The reason I ask is because the same thing happened to me (I'm in Virginia) but there is a wrinkle. I had an overflow valve gasket inside the wall (which is not a common element or is it?) go bad causing water to leak into the downstairs unit. I contacted the HOA who told me that it isn't their problem (figures!). The downstairs unit's owner was a complete PIA about it and took me for a ride. Rather than get into an expensive lawsuit with him (he threatened me with one but I'm a poor grad student and can't afford anything like that) I paid for his repair expenses and am now wondering if there is anyone that I can recover from. The wrinkle is that I contacted the former owner and he told me the exact same thing happened three years (do statute of limitations issues arise here and, if so, which ones?) ago and the HOA paid to fix everything. I'm wondering if because of this I can go after the HOA or the contractor who botched the job? Can anyone shed any light on this? :-)

**A: how much did the repair cost you and when was it done?

[gmuguy]

Cost me about a grand ($1K) -- which to a grad student is big bucks but an attorney would probably laugh at it. Assuming I have a legal leg to stand on perhaps Small Claims Court would be an appropriate venue. However, if I took that course of action wouldn't there be the possibility of the other party getting an attorney and promoting the case to a higher Court or otherwise make my life hell and potentially countersue me?

Repair was completed in April, 2005.

[HomeGuru]

Originally Posted by gmuguy

Cost me about a grand ($1K) -- which to a grad student is big bucks but an attorney would probably laugh at it. Assuming I have a legal leg to stand on perhaps Small Claims Court would be an appropriate venue. However, if I took that course of action wouldn't there be the possibility of the other party getting an attorney and promoting the case to a higher Court or otherwise make my life hell and potentially countersue me?

Repair was completed in April, 2005.

**A: drop it.
You may spend $5000 in legal fees and time to chase $1000. That's pretzel logic.

[gmuguy]

Agreed, you have an excellent point but are the potential downside risks I mentioned realistic? You're an attorney and can say so...I'm just thinking out loud... If the potential downside isn't that scary or uncertain it may be worth it for the principle alone...

[HomeGuru]

Originally Posted by gmuguy

Agreed, you have an excellent point but are the potential downside risks I mentioned realistic? You're an attorney and can say so...I'm just thinking out loud... If the potential downside isn't that scary or uncertain it may be worth it for the principle alone...

**A: you have hijacked someone else's thread.