Real bad water damages and liability issues

[littleMike]

What is the name of your state (only U.S. law)? MA

I need your urgent help or advice on this.

I own an apartment. Today I got a call from the management company that the downstair unit reported water leaking issues. So immediately I brought my plumber to check. We didn't find any obvious leaking from my unit, but from lower unit, we can see running water can be seen falling on the wall, it is likely some water supply pipe broken or valve is broken between the floor and ceiling or inside the wall. The down stair unit is vacant, so water has been leaking for long time as a large area of mold can be seen, definitely there is damages caused by water. So there are some legal related questions:

1) From initial observation, the possible water leak might be inside the wall between bathroom and kitchen in my unit. So I guess it is the responsibility of unit owner or me, not the building owner, to repair it.
2) another complicated issue is that, the other damages are also caused by long term as the lower unit is vacant for at least months, so who will be responsible to repair other damages, like mold, floor carpet etc repairs?

Should I just let my plumber to repair my part, or let insurance to handle it? I guess my insurance may argue they usually are not covering long term leaking issue.

Again, any advice is appreciated. As an owner, I like to resolve problem as soon as possible, if it is my responsibility, I will do it without problem.

 

[sandyclaus]

What is the name of your state (only U.S. law)? MA

I need your urgent help or advice on this.

I own an apartment. Today I got a call from the management company that the downstair unit reported water leaking issues. So immediately I brought my plumber to check. We didn't find any obvious leaking from my unit, but from lower unit, we can see running water can be seen falling on the wall, it is likely some water supply pipe broken or valve is broken between the floor and ceiling or inside the wall. The down stair unit is vacant, so water has been leaking for long time as a large area of mold can be seen, definitely there is damages caused by water. So there are some legal related questions:

1) From initial observation, the possible water leak might be inside the wall between bathroom and kitchen in my unit. So I guess it is the responsibility of unit owner or me, not the building owner, to repair it.
2) another complicated issue is that, the other damages are also caused by long term as the lower unit is vacant for at least months, so who will be responsible to repair other damages, like mold, floor carpet etc repairs?

Should I just let my plumber to repair my part, or let insurance to handle it? I guess my insurance may argue they usually are not covering long term leaking issue.

Again, any advice is appreciated. As an owner, I like to resolve problem as soon as possible, if it is my responsibility, I will do it without problem.

This sounds like a shared obligation issue to me.

YOU are responsible for any damage caused by water leakage that can be found within the area that belongs to YOU. The rest would be the responsibility of whomever owns and manages the common areas of the building itself.

If you are saying that no leakage can be found in the apartment itself, then it sounds like most, if not all, of the responsibility falls upon the owner/manager of the common areas and infrastructure of the property. That applies to the plumbing issue itself, and may well extend to the damage in the downstairs unit as well.

How long has the downstairs unit been vacant, and who owns that unit? PART of the liability may fall upon them for not keeping track of the apartment and the damage from the leakage (thinking in terms of mitigation here).

 

[littleMike]

I have no problem to fix any damages in my unit, in fact, there is no much other than the broken pipe or valve inside the wall. Almost all water damages are in the wall and floor of the lower unit, not in other common areas.

The unit has been vacant at least for several weeks and very likely for several months. The owner of the lower unit is living several hundred miles away.

One question is if the pipe or valves inside of the wall (between my kitchen and bath) is "owned" by property management or "owned" by me? Whose responsibility to maintain it?

I agree with Sandyclaus that lower unit owner and I may share some responsibilities. But what the reasonable percentage I should take? If my insurance refuses to pay because it doesn't not cover damages caused by long term leaking, it sounds like I could also the same reason to refuse to pay whole damages, doesn't it?

 

[sandyclaus]

I *THINK* that your responsibility is restricted to what's INSIDE your unit (i.e., from the walls in), and what's from the wall OUT (i.e. INSIDE the walls, the plumbing would be considered part of the shared infrastructure, I'm pretty sure) falls under the responsibility of the management/building owner.

I'd go ahead and contact your insurance, and make sure that they have the contact info for building management or their insurance provider, and the downstairs unit owner if you have it. If you don't have the downstairs unit owner's contact info, the building management should be able to put them in touch. Let your insurance company handle and coordinate who is responsible for what portion.

 

[littleMike]

I really appreciate your notes, Sandyclaus. It really helps.
To just play safe, I would let my plumber check to make sure no leaking is from my unit facilities (inside the rooms) to rule out possibility of my negligence, then contact my insurance and management company.