Water Damages from other Condo Unit

[Florida999]

What is the name of your state? Florida (Broward County)

My brother and I took ownership of a condo when my father passed in 2006. There have been water leaks damaging the ceiling from the unit above us. We have repaired this 3 times at our expense, as the owner of the unit refuses to pay . The condo association says that it is not their matter or responsibility and claims we are responsible for repairs. We feel the owner is responsible for damages and the condo association is not performing it's fiduciary obligation.

We've notified both Condo association and unit owner with letters with return receipts, but never receive any responses from both parties. We've documented the damages with pictures . The last straw was when we called the association and they said the owner was going to get a plumber but he needed access to our unit. They said the plumber was going to have to cut holes in our ceiling to fix the leak from above ... BUT... we would have to repair our ceiling. Did I mention that the person answering the phones for the Condo Association is a friend of the unit owner???

I think there is possible legal action against both parties ... we've had a prospective buy walk out when the unit was shown and a new leak developed without our knowledge. Our unit is vacant.What is the name of your state?

[las365]

Refusing to give the access necessary to repair the plumbing is not going to help you in the long run, and if the leaks are not repaired the damage to your unit will only increase.

I think you should allow the access and then you have the choice to pay for the ceiling repair or not. As the unit is unoccupied, it would not have to happen right away.

Have you made a claim with your homeowners insurance? You should do that.

Take the condo association agreement, bylaws, rules & regulations and whatever else you have, along with copies of all of your correspondence, repair bills, an estimate to fix the current damage, proof that you lost the sale and what your monetary damages are from that, and a timeline of events to an experienced residential real estate litigation attorney and find out what your options are.