How do I get my condo neighbor to take down her molded shared wall?

[EmmsM]

This question comes from Ca. How can I make my condo next door neighbor take down her molded bathroom wall down? Copper pipe water leak that damaged her bathroom drywall and mine. My wall has been removed and prepped for mold testing but failed. Because her molded drywall on the other side of the studs and water lines is still up. She will not remove it and so my bathroom will not pass mold inspection. So I cannot get reconstruction done or replace my water lines because the bathroom failed mold test and I can’t send contractors in.
What legal action can I take to make her take the wall down?
Neighbor was notified of the leak, damage and mold on wall at the beginning of June!!

Please help.

 

[adjusterjack]

What legal action can I take to make her take the wall down?

A private nuisance lawsuit or, at least the threat of one.

All you need to know is in the following search result.

california private nuisance statute at DuckDuckGo

 

[zddoodah]

You need to read your CC&Rs. I don't think a nuisance lawsuit is going to be the answer.

 

[EmmsM]

I know the CC &R’s. It has nothing to do with this, it is homeowner to homeowner. That is why I’m reaching out for legal advice.

 

[zddoodah]

If the CC&Rs are silent, then I doubt you have any recourse. Who told you that you can't get any work done unless your neighbor tears down the wall?

 

[not2cleverRed]

How can I make my condo next door neighbor take down her molded bathroom wall down?

Just an FYI: the correct adjective to use is moldy.

I totally understand your problem with a moldy wall back to back with yours.
A molded wall would be wall shaped to fit, such as some bathroom remodelers would do, and if that were your complaint, I'd say you were an annoying Karen, and who cares what the interior of your neighbor's bathroom looks like.

I know the CC &R’s. It has nothing to do with this, it is homeowner to homeowner. That is why I’m reaching out for legal advice.

Given that mold has a tendency to spread, I am not sure that this is entirely the correct interpretation. Perhaps initially that was the case, but as you neighbor's attitude persists, the situation can become worse.

Quick question: why can't the water lines be replaced? Everyone I know with a leak gets the leak fixed, then deals with the mold issues.

 

[Zigner]

Whose copper pipe is it? Who is paying for the repairs?

 

[LdiJ]

If the CC&Rs are silent, then I doubt you have any recourse. Who told you that you can't get any work done unless your neighbor tears down the wall?

You aren't paying attention. It is not that the OP cannot get the work done, it is that the work will be useless if her wall is not taken down. This is mold remediation and part of the mold is on the inside of her drywall. So, unless the drywall on her side is also removed, the mold will continue to grow in the walls.

 

[LdiJ]

Just an FYI: the correct adjective to use is moldy.

I totally understand your problem with a moldy wall back to back with yours.
A molded wall would be wall shaped to fit, such as some bathroom remodelers would do, and if that were your complaint, I'd say you were an annoying Karen, and who cares what the interior of your neighbor's bathroom looks like.



Given that mold has a tendency to spread, I am not sure that this is entirely the correct interpretation. Perhaps initially that was the case, but as you neighbor's attitude persists, the situation can become worse.

Quick question: why can't the water lines be replaced? Everyone I know with a leak gets the leak fixed, then deals with the mold issues.

I don't think that he is saying that the water lines cannot be replaced. I think that he is saying that the job cannot be completely finished (including the mold remediation). Of course, it is possible that the plumber wants the mold gone first.

 

[not2cleverRed]

You aren't paying attention. It is not that the OP cannot get the work done, it is that the work will be useless if her wall is not taken down. This is mold remediation and part of the mold is on the inside of her drywall. So, unless the drywall on her side is also removed, the mold will continue to grow in the walls.

Exactly! That's why I strongly suspect that the CC&Rs address this situation, if only implicitly. Failure to pay for this maintenance/repair issue adversely affects that value of the building.

I don't think that he is saying that the water lines cannot be replaced. I think that he is saying that the job cannot be completely finished (including the mold remediation). Of course, it is possible that the plumber wants the mold gone first.

Mostly I want clarification.

Perhaps OP is wisely not using the plumbing involved, waiting until the job is don't. Unlike the people I know who temporarily toss up plastic over that affected area so that they can still take a shower, etc., forgetting about things like steam.

 

[zddoodah]

You aren't paying attention. It is not that the OP cannot get the work done

I'm not paying attention?? From the original post: "I cannot get reconstruction done or replace my water lines." Maybe you should pay better attention.

 

[quincy]

EmmsM, you can contact your local code enforcement office to have an inspection of the moldy area in your condo and code enforcement can then cite your common-wall neighbor to force remediation in his/her condo.

 

[Zigner]

Ahem:

Whose copper pipe is it? Who is paying for the repairs?

 

[Zigner]

This question comes from Ca. How can I make my condo next door neighbor take down her molded bathroom wall down? Copper pipe water leak that damaged her bathroom drywall and mine. My wall has been removed and prepped for mold testing but failed. Because her molded drywall on the other side of the studs and water lines is still up. She will not remove it and so my bathroom will not pass mold inspection. So I cannot get reconstruction done or replace my water lines because the bathroom failed mold test and I can’t send contractors in.
What legal action can I take to make her take the wall down?
Neighbor was notified of the leak, damage and mold on wall at the beginning of June!!

Please help.

Look...I've asked twice now.

WHO owned the pipe?
WHO IS PAYING FOR THE REPAIRS?

 

[quincy]

Look...I've asked twice now.

WHO owned the pipe?
WHO IS PAYING FOR THE REPAIRS?

Typically pipes between common walls would be the responsibility of the building owner/HOA rather than the individual condo owners.