What is the name of your state (only U.S. law)? MD
Date of incident: Sat, June 28 2008
Unit information: MICA Condos, 1220 Blair Mill Rd, Silver Spring, MD 20910 Unit #201
Reported by: Building engineer
Description: Building engineer says water was leaking into unit #105 from my unit above
(#201), from a pipe coming from the bathroom in my unit (#201). Water was leaking from the
ceiling onto the small foyer of the unit only, so the drywall was cut to locate the source. I
viewed the damage with my contractor, and we never saw it leaking, though we flushed the
toilet several times. My contractor located the pipes, and through consensus with the
building engineer decided it was plausible that it had leaked from the pipe, however, since my
tenant says he had replaced the wax ring around the toilet himself, with a new ring. About 10
days later, the building manager says the water is leaking again. This time I ask my
contractor to replace the wax ring himself, and he discovers the toilet has about a 2-inch
offeset flange, meaning it is not centered over the hole correctly, thus could very well cause
some leakage problems. To resolve this, he put 2 wax rings around the toilet to get a better
seal.
I want the builder (who has not made many repairs promised before closing) to pay the
damage---and collect some punitive damages for my pain and efforts. The invoice for the water
damage emergency restoration services is $1352.45. The estimate (from the same company) to
restore the unit to exisiting/better condition is $1040. We are talking about 24 - 32 feet of
space, drywall repair and paint to part of the ceiling and wall, and apparently the unit owner
wants the entire carpet in the unit replaced (approx 900 sq ft) for this 32 sq ft area.
This building is a recent (2007), condo conversion. It was former apartment building, hence
an existing structure of 151 Residential Units, developed into MICA Condos by Springwood Blair
Mill Associates, LLC, which has sole member the Carlyle-Ross Springwood, L.P, c/o with The
Carlyle Group. I have a huge notebook of documents, broken into sections. Once section
states:
"the declarant (Springwood Blair Mill Associates) herby warrants to the Council of Unit Owners
that for a period of 3 years from the date of transfer of title to the first unit in the
condominium to a unit purchaser, replace or repair (at Declarants sole option) at no cost to
the council of the unit of owners, any defects in materials or workmanship in the construction
of such portions of the roof, foundation, external and supporting walls, mechanical,
electrical, and plumbing systems, and other structural elements of the building(s), if any, as
are contained in common elements (as defined in the declaration for the condominium);
provided, however, that such warranty shall not be applicable to any portion of the condomium
which is part of a unit including, but not limited to, any portion of any roof or external and
supporting walls which are included within the boundary of a unit, it any."
Date of incident: Sat, June 28 2008
Unit information: MICA Condos, 1220 Blair Mill Rd, Silver Spring, MD 20910 Unit #201
Reported by: Building engineer
Description: Building engineer says water was leaking into unit #105 from my unit above
(#201), from a pipe coming from the bathroom in my unit (#201). Water was leaking from the
ceiling onto the small foyer of the unit only, so the drywall was cut to locate the source. I
viewed the damage with my contractor, and we never saw it leaking, though we flushed the
toilet several times. My contractor located the pipes, and through consensus with the
building engineer decided it was plausible that it had leaked from the pipe, however, since my
tenant says he had replaced the wax ring around the toilet himself, with a new ring. About 10
days later, the building manager says the water is leaking again. This time I ask my
contractor to replace the wax ring himself, and he discovers the toilet has about a 2-inch
offeset flange, meaning it is not centered over the hole correctly, thus could very well cause
some leakage problems. To resolve this, he put 2 wax rings around the toilet to get a better
seal.
I want the builder (who has not made many repairs promised before closing) to pay the
damage---and collect some punitive damages for my pain and efforts. The invoice for the water
damage emergency restoration services is $1352.45. The estimate (from the same company) to
restore the unit to exisiting/better condition is $1040. We are talking about 24 - 32 feet of
space, drywall repair and paint to part of the ceiling and wall, and apparently the unit owner
wants the entire carpet in the unit replaced (approx 900 sq ft) for this 32 sq ft area.
This building is a recent (2007), condo conversion. It was former apartment building, hence
an existing structure of 151 Residential Units, developed into MICA Condos by Springwood Blair
Mill Associates, LLC, which has sole member the Carlyle-Ross Springwood, L.P, c/o with The
Carlyle Group. I have a huge notebook of documents, broken into sections. Once section
states:
"the declarant (Springwood Blair Mill Associates) herby warrants to the Council of Unit Owners
that for a period of 3 years from the date of transfer of title to the first unit in the
condominium to a unit purchaser, replace or repair (at Declarants sole option) at no cost to
the council of the unit of owners, any defects in materials or workmanship in the construction
of such portions of the roof, foundation, external and supporting walls, mechanical,
electrical, and plumbing systems, and other structural elements of the building(s), if any, as
are contained in common elements (as defined in the declaration for the condominium);
provided, however, that such warranty shall not be applicable to any portion of the condomium
which is part of a unit including, but not limited to, any portion of any roof or external and
supporting walls which are included within the boundary of a unit, it any."