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Water damage from upstairs

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cobypurser

Junior Member
What is the name of your state? Utah
I purchased a condo that had been empty for 4 months. Upon ownership I started to remodel. At which point I found a large water leak comming from the kitchen sink of the owner above me. The owner's sink drain pipe was just cut and pushed inside of the main drain comming down to my unit. Of course the pipe leaked around the rough edges and the water came into my unit, and destroyed the kitchen cabinets (mold and wrotten wood) It also damaged all of the bathroom and the bedroom carpet.
The condo assoc. maintenece person fixed the pipe for the upstairs owner (even though the bi-laws say he is responsible)
Now the owner above me says he isn't responsible for damages cause by his bad/faulty plumbing techniques.
Should i take him to small claims? If so, I have to replace 1/2 of the kitchen cabinets. Would he be responsible to replace all the cabinets so that the cabinets match?
Thanks for any input you possibly can give me.
 


HomeGuru

Senior Member
cobypurser said:
What is the name of your state? Utah
I purchased a condo that had been empty for 4 months. Upon ownership I started to remodel. At which point I found a large water leak comming from the kitchen sink of the owner above me. The owner's sink drain pipe was just cut and pushed inside of the main drain comming down to my unit. Of course the pipe leaked around the rough edges and the water came into my unit, and destroyed the kitchen cabinets (mold and wrotten wood) It also damaged all of the bathroom and the bedroom carpet.
The condo assoc. maintenece person fixed the pipe for the upstairs owner (even though the bi-laws say he is responsible)
Now the owner above me says he isn't responsible for damages cause by his bad/faulty plumbing techniques.
Should i take him to small claims? If so, I have to replace 1/2 of the kitchen cabinets. Would he be responsible to replace all the cabinets so that the cabinets match?
Thanks for any input you possibly can give me.

**A: you may need to sue both the unit owner and the HOA in regular claims court. Hire an attorney.
 

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