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Water Leakage From Condo Unit

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qadams

Junior Member
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."
 


HomeGuru

Senior Member
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."

**A: thanks for your story.
 

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