# Upstairs condo's pipe leaking behind downstairs units wall - who pays? **URL:** \ **Category:** Factual Questions\ **Created:** [October 6, 2010, 4:54pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270 "2010-10-06T16:54:07Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\ **Post date:** [October 6, 2010, 4:54pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/1 "2010-10-06T16:54:07Z")
My mother-in-law has a leak behind her wall that was partially repaired (still leaks downstream from repair) and will require tearing out of wall and shower to get at the problem. The offending pipe is the sewage from the unit above. The condo association says its not their problem and the upstairs neighbor says “Its not leaking in my unit - its your problem”. I’m certain this type of issue is addressed in condo laws but where do I find it in writing? Short of doing all the work and the suing the upstairs neighbor, is there any other recourse? She just listed the unit for sale so its a matter of some urgency (not to mention the leaking sewage). ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [October 6, 2010, 5:30pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/2 "2010-10-06T17:30:25Z")
Who did the partial repair? She dosn’t have insurance? My first thought would be to shut off the water and report as an insurance claim and let them fight it out. She has shut off the water right? ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [October 6, 2010, 5:37pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/3 "2010-10-06T17:37:36Z")
Shutting off the water will not help stop leaking sewage from another apartment. However, getting in touch with the insurance company is a good idea. ---
**Author:** ![awldune](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@awldune](https://boards.straightdope.com/u/awldune)\ **Post date:** [October 6, 2010, 5:42pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/4 "2010-10-06T17:42:54Z")
If the upstairs unit has a leaking pipe and won’t fix it, the HOA should absolutely get involved and force the neighbor to fix. Covenants vary, but at my condo the HOA would be responsible for all the repairs. In any case, it seems very wrong for them to just say “not my problem!” ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [October 6, 2010, 6:10pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/5 "2010-10-06T18:10:35Z")
Seems to me like it is clearly the upstairs condo’s responsibility. They run water, water leaks. If they weren’t running water no problem would exist. It is certainly in the realm of thinks condo associations are supposed to resolve. Either by funding the repair or by naming responsibility and demanding access for the required repairmen. Either contact a lawyer or contact the home insurance company. Another option is send a certified letter to both the condo association and the upstairs neighbor demanding the repair and see how they react. ---
**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\ **Post date:** [October 6, 2010, 6:11pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/6 "2010-10-06T18:11:27Z")
She has contacted her insurance company and what she understood was “We’ll pay to repair damage but not to repair the leak itself”. Well, most of the damage is going to be caused by getting at the leak as opposed to damage caused by the leak itself. Hopefully they will pay and then go after the insurance of the neighbor. Anyway, she asking the HOA to get involved as its more than just a leak, its a health risk. I say block the sewer line and the their toilet will not flush. Of course if it overflows is going to end up in her condo so maybe that’s a bad idea. ---
**Author:** ![Al\_Bundy](https://avatars.discourse-cdn.com/v4/letter/a/e79b87/32.png) [@Al\_Bundy](https://boards.straightdope.com/u/Al_Bundy)\ **Post date:** [October 6, 2010, 10:02pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/7 "2010-10-06T22:02:07Z")
> [@MikeF](#): > > She has contacted her insurance company and what she understood was “We’ll pay to repair damage but not to repair the leak itself”. Well, most of the damage is going to be caused by getting at the leak as opposed to damage caused by the leak itself. Hopefully they will pay and then go after the insurance of the neighbor. Anyway, she asking the HOA to get involved as its more than just a leak, its a health risk. I say block the sewer line and the their toilet will not flush. Of course if it overflows is going to end up in her condo so maybe that’s a bad idea. I like your thinking there Mike. It would be worth it just to provide a little feedback. It would not have to be blocked permanently, just randomly. For example, when it sounds like they are having friends over for a Saturday night party, that would be a good time for a one hour blockage. ---
**Author:** ![GiantRat](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@GiantRat](https://boards.straightdope.com/u/GiantRat)\ **Post date:** [October 6, 2010, 10:48pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/8 "2010-10-06T22:48:01Z")
From the pure perspective of sanitary living quarters… the downstairs pays - IN STINKY TOILET WATER! 😃 Sorry - not on my game today. ---
**Author:** ![The\_Hamster\_King](https://avatars.discourse-cdn.com/v4/letter/t/8edcca/32.png) [@The\_Hamster\_King](https://boards.straightdope.com/u/The_Hamster_King)\ **Post date:** [October 6, 2010, 11:57pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/9 "2010-10-06T23:57:20Z")
Your MiL should have a copy of the covenant she signed when she bought the unit. That should define who is responsible for what. For example, in my condo individual owners are responsible for pipes in their unit that lead \*to \*or \*from \*the mains that serve the entire building, but not the mains themselves … even if they run through the walls of their unit. I’m responsible for maintaining the surface of my back deck, but the walls are considered “external” so the HOA has responsibility for them. Last year I was all ready to pay to fix water damage to the ceiling of my downstairs neighbor that we thought was coming from our shower. But when we opened up the wall we discovered the water was actually coming from bad flashing on the roof – which is the HOA’s responsibility. Yay! Read the covenant. Or hire a lawyer to read it. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [October 7, 2010, 12:55am UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/10 "2010-10-07T00:55:05Z")
> [@GiantRat](#): > > From the pure perspective of sanitary living quarters… the downstairs pays - IN STINKY TOILET WATER! 😃 > > Sorry - not on my game today. you thoughts were better than mine. Cut leaking pipe out of system and cap both ends. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [October 7, 2010, 1:31am UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/11 "2010-10-07T01:31:03Z")
> [@MikeF](#): > > I’m certain this type of issue is addressed in condo laws but where do I find it in writing? I don’t understand your question at all. The condo laws (sometimes called covenants, declarations, and/or rules and regulations) _are_ in writing. You find the information in writing by getting a copy of the condo laws. Your mother-in-law should have been given a copy when she moved into her unit. If she doesn’t have one, she should get a copy at once, from the condo board. Every condo is different so anything we say here, without having access to the laws, would be speculation. ---
**Author:** ![Ruby](https://avatars.discourse-cdn.com/v4/letter/r/13edae/32.png) [@Ruby](https://boards.straightdope.com/u/Ruby)\ **Post date:** [October 7, 2010, 4:30am UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/12 "2010-10-07T04:30:33Z")
As an insurance adjuster, I’ve read many condo by-laws and can tell you that some are so poorly written, you may need a Philadelphia lawyer to sift through it. However, if she uses her own insurance policy to pay for the damage, they have lawyers on staff to do that for you. Most of the time, her insurance should also pay to tear out and replace the area(s) to get to the leak as well as the water damaged areas. This is not specific advice to you or your mother-in-law…contact her insurance adjuster and get the scoop from them directly. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [October 7, 2010, 8:26pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/13 "2010-10-07T20:26:15Z")
> [@Giles](#): > > Shutting off the water will not help stop leaking sewage from another apartment. However, getting in touch with the insurance company is a good idea. Shutting off the water only gives them one more flush. Without water pressure to refill the tank the leak is a non-issue; now the issue is holding them hostage ubtil they get thirstey enough to fix the thing. ---
**Author:** ![J-P\_L](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/j-p_l/32/3156_2.png) [@J-P\_L](https://boards.straightdope.com/u/J-P_L)\ **Post date:** [October 7, 2010, 9:06pm UTC](https://boards.straightdope.com/t/upstairs-condos-pipe-leaking-behind-downstairs-units-wall-who-pays/556270/14 "2010-10-07T21:06:33Z")
I would say if the leaking pipe is inside a wall within a unit but carries waste from one or more other units, that makes it a “common element” and the HOA is responsible for fixing common elements.