A pipe to the upstairs neighbor’s place broke, causing a leak.
The upstairs neighbor (who was a plumber, I gather) helpfully helped figure out where the leak was and repaired it. This involved cutting holes in the wall of the downstairs condo (we own it, if that’s relevant).
He claims he’s not responsible for the repair.
The association claims no responsiblity.
I think the neighbor is full of crap
Anyone know what the laws are? I’m inclined to file a claim with our jnsurance and have them go after the neighbor; we live a thousand miles away and the in-laws won’t be able to pursue this themselves.
It seems like it would be whoever is normally responsible for plumbing repairs for a given unit, which should all be spelled out in the condo HOA bylaws or whatever they call their rules.
If the pipe involved is only used by that one unit, then that is the “given unit” that the rule will or won’t apply to. I can’t see any circumstances where, given these facts, your unit would be responsible for these repairs.
You can try the insurance company route, but might they just say that they don’t support this claim because you aren’t responsible? Maybe a lawyer would be a quicker alternative?
Irresponsible potential hijack follows.(I’m sorry but I feel I have to add, this is why I would never buy a condo or a co-op. I’ve heard so many horror stories worse than this one, and there never seems any responsibility or redress. But I don’t want to hijack the thread)Anyway, best of luck. Don’t let the weasels (whoever they are) duck their responsibilities.
When I owned a condo (not in Florida), everything inside the walls was our responsibility and anything behind the walls was a common element of the condominium. What did the condo association specifically say?
I think the condo association is full of shit, then.
In general, the association is responsible for everything on the “outside” of the first coat of wall paint, unless the declaration specifically defines elements such as patio decks and doors, windows, or HVAC units as limited common elements. Any pipes that serve more than one unit should be by definition a common element.
I agree with Roderick Femm in that you need to review the Condo By-Laws as they vary from one condo association to another. There should be a definition of not only unit boundaries but unit owner’s responsibilities as well. From a legal view, it would seen difficult to place responsibility on the unit owner above unless you can show negligence with that unit owner actually causing the leak but it doesn’t seem that’s the situation. Your Condo policy should cover your loss, subject to the deductible. Your insurance company would also decide if subrogation against the upstairs owner is appropriate but based on your description, I doubt this will happen.
All of this is subject to the Condo By-Laws as that document will set forth the guiding principles.
You need to consider whether the cost of the repair is worth the hassle. Falling out with a neighbour (especially one who is a plumber) and generally creating bad feeling all around is a bad idea.
If this is just a couple of holes in the drywall and some decoration, I would swallow it myself.