What is the name of your state? Virginia
My upstairs neighbor's air conditioning unit leaked and caused $800 damage to my unit. The upstairs neighbor says that he had the unit serviced in April and then this water damage happened in July so therefore he says he's not negligent for having not had it serviced. According to online reports if you maintain the a/c properly then there are no blockages in the water lines, and this water leak would have never happened.
The association bylaws say "Each Unit Owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may be necessary to maintain the good appearance and condition of the interior of his unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section."
I've read this to mean that if he had had it serviced properly then the water wouldnt have leaked out of his condensation pan.
The bylaws also say "“Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any member of his family or employees, agents, licensees, guests, or lessees. "
I think that this means he's responsible no matter whether he was negligent or not. Please help as my neighbore refuses to pay saying he's not negligent as he did the keep the a/c serviced and therfore not liable. Thanks!!What is the name of your state?
My upstairs neighbor's air conditioning unit leaked and caused $800 damage to my unit. The upstairs neighbor says that he had the unit serviced in April and then this water damage happened in July so therefore he says he's not negligent for having not had it serviced. According to online reports if you maintain the a/c properly then there are no blockages in the water lines, and this water leak would have never happened.
The association bylaws say "Each Unit Owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may be necessary to maintain the good appearance and condition of the interior of his unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section."
I've read this to mean that if he had had it serviced properly then the water wouldnt have leaked out of his condensation pan.
The bylaws also say "“Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any member of his family or employees, agents, licensees, guests, or lessees. "
I think that this means he's responsible no matter whether he was negligent or not. Please help as my neighbore refuses to pay saying he's not negligent as he did the keep the a/c serviced and therfore not liable. Thanks!!What is the name of your state?