Downstairs neighbor noticed what looks like a small leak her the bathroom ceiling

[Marad1980]

My downstairs neighbor noticed a small soft spot in her bathroom ceiling that poked through and made a small hole. No one knows what’s going on but, she’s claiming it is not her responsibility to have it checked. And that I am the one who has to call a plumber to check my unit and hers.

 

[quincy]

My downstairs neighbor noticed a small soft spot in her bathroom ceiling that poked through and made a small hole. No one knows what’s going on but, she’s claiming it is not her responsibility to have it checked. And that I am the one who has to call a plumber to check my unit and hers.

What is the name of your state?

 

[Marad1980]

What is the name of your state?

California

 

[quincy]

Do you both own your own homes? Have either of you contacted your insurers?

The downstairs neighbor should determine the source of the problem before demanding you search for a problem, unless it is obvious to you that a problem originates in your unit.

 

[Marad1980]

It does look like it’s from water (leak) but, no one knows where it could be coming from. The HOA was also made aware and basically told us to figure it out on our own. And our downstairs neighbor is basically saying it has to be our fault.

 

[Marad1980]

I own my condo unit, the one above them. I don’t know if they own there’s. Contacted my insurance but there is no damage in my unit so there is not much they can do now. I am thinking we could figure this out if she has a plumber inspect the damage to her ceiling but, she says it’s not her responsibility to call a plumber and that we have to schedule a plumber to inspect her unit.

 

[quincy]

I own my condo unit, the one above them. I don’t know if they own there’s. Contacted my insurance but there is no damage in my unit so there is not much they can do now. I am thinking we could figure this out if she has a plumber inspect the damage to her ceiling but, she says it’s not her responsibility to call a plumber and that we have to schedule a plumber to inspect her unit.

She’s wrong. She is the one with an apparent leak.

 

[Marad1980]

She’s wrong. She is the one with an apparent leak.

I figured as much. Thank you for the replies.

 

[quincy]

I figured as much. Thank you for the replies.

You can tell her to contact her own insurer.

Good luck. Thanks for the thanks.

 

[JessieJim1]

It's understandable that your neighbor may not want to take responsibility for the issue. It may be worth contacting a plumber or water damage specialist to come and investigate the situation in both your unit and your neighbor's.

 

[quincy]

It's understandable that your neighbor may not want to take responsibility for the issue. It may be worth contacting a plumber or water damage specialist to come and investigate the situation in both your unit and your neighbor's.

It is also understandable that Marad1980 might not want to take responsibility for the issue or pay money for a plumber, especially since it is the downstairs neighbor who has the leak.

 

[adjusterjack]

Contacted my insurance but there is no damage in my unit so there is not much they can do now.

Who told you that? Your agent? Well, it's wrong.

Any time anybody says "You damaged my property, you fix it," that's a liability claim.

Your insurance company should be sending out an adjuster to determine if you are liable or not. Your company has a toll free number to the claims department. Report that the downstairs neighbor is making a liability claim against you.

That being said, my experience as a claim rep tells me that it's more than likely coming from the plumbing that serves your condo unless the spot is close to an exterior wall and leaking in from the outside or from a vertical line that serves all units.

Unfortunately, the way the source is usually determined (if not visible in your unit) is by opening up the ceiling where the spot is and examining the plumbing that serves your bathroom. That's up to her to pay for that. Her insurance will pay for opening the ceiling and restoring it, but not for repairing the plumbing.

Once the source of the leak is determined, if it's your plumbing you get to pay for the repair. Your insurance doesn't cover the repair, but will cover the ceiling if the cause of the leak was your negligence.

If you were not negligent in causing the leak then you are not liable for the damage unless your CC&Rs gives you strict liability regardless of negligence.

Here's another wrinkle. Now that you are on notice of the condition you have a duty to fix it to prevent further damage. If you don't, it's negligence and further damage will be on you. At the very least you should get a plumber into your unit to inspect the visible components of your plumbing for evidence of a leak.

It all sounds very confusing, doesn't it? Well, that's how condo ownership works. Condo water damage claims are difficult.

 

[quincy]

The source of the leak has to first be determined by the one with the leak. Marad1980 already notified his/her insurer of the potential claim.

 

[adjusterjack]

Marad1980 already notified his/her insurer of the potential claim.

And got bad advice, as I pointed out. Especially if it was to an agent and not the claims department.

 

[quincy]

And got bad advice, as I pointed out. Especially if it was to an agent and not the claims department.

Marad1980 is not responsible for tearing up the neighbor’s ceiling and does not have to rip up his/her unit until the source of the leak is determined. Marad1980 appears to have done what is necessary. Marad’s insurer cannot do anything right now except stand by.