• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who should pay for repair work?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ireland32

Junior Member
What is the name of your state? CA.

We recently noticed water leaking through the ceiling of our en-suite shower. It turns out that our neighbors shower in the condo above, when in use, was leaking it's drain water into the floor between the units and ultimately into our shower.

The cause of the leak is is due to a crack in our neighbors showerpan. Our contractor recommends we have it fixed immediately because there is a build up of black mould in our shower which is a serious health hazard.

Rather than do the right thing and have it fixed right away, our neighbor is contesting that this is a common area problem and that the HOA should pay for it.

Just to reiterate, the leak is not coming from plumbing between the floors, it's coming from their showerpan. I believe they are liable to fix the problem and bear the cost burden to re-tile and clean our shower unit of mould.

I find it extremely unfortunate to take a legal path with this, but I'm left with no alternative.

Am I way off base here?
 


seniorjudge

Senior Member
Ireland32 said:
What is the name of your state? CA.

We recently noticed water leaking through the ceiling of our en-suite shower. It turns out that our neighbors shower in the condo above, when in use, was leaking it's drain water into the floor between the units and ultimately into our shower.

The cause of the leak is is due to a crack in our neighbors showerpan. Our contractor recommends we have it fixed immediately because there is a build up of black mould in our shower which is a serious health hazard.

Rather than do the right thing and have it fixed right away, our neighbor is contesting that this is a common area problem and that the HOA should pay for it.

Just to reiterate, the leak is not coming from plumbing between the floors, it's coming from their showerpan. I believe they are liable to fix the problem and bear the cost burden to re-tile and clean our shower unit of mould.

I find it extremely unfortunate to take a legal path with this, but I'm left with no alternative.

Am I way off base here?

The person who caused the damage is liable.
 
Ireland32 said:
What is the name of your state? CA.

We recently noticed water leaking through the ceiling of our en-suite shower. It turns out that our neighbors shower in the condo above, when in use, was leaking it's drain water into the floor between the units and ultimately into our shower.

The cause of the leak is is due to a crack in our neighbors showerpan. Our contractor recommends we have it fixed immediately because there is a build up of black mould in our shower which is a serious health hazard.

Rather than do the right thing and have it fixed right away, our neighbor is contesting that this is a common area problem and that the HOA should pay for it.

Just to reiterate, the leak is not coming from plumbing between the floors, it's coming from their showerpan. I believe they are liable to fix the problem and bear the cost burden to re-tile and clean our shower unit of mould.

I find it extremely unfortunate to take a legal path with this, but I'm left with no alternative.

Am I way off base here?
My response:

Your thinking is correct. Sue.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top