Trace Downing
Supporting Actor
Ok, here's my story.
About 2 months ago a water leak was discovered by the 4 residences underneath me. I live on the 5th floor (top) unit. It was discovered that there was a leak on my shower lead, and tub and overflow drain in the wall. I hired the plumber on the spot and he cleared his schedule to get me in as fast as possible. The pipes were fixed 3 days later. Later on, they kept complaining that leaks were still coming down. He came out again, and found that I had a leak in my valves, but also the 4th floor unit had a streaming leak in his valves as well. I paid for all work done to my pipes (even though they were inside the walls). These pipes were 36 years old, with dry rotting gaskets around the drains. The whole building needs this work done.
Now...these 4 other units had water damage to their bathroom walls. The HOA is saying that I am responsible for the repair to their walls, even though the Declarations say that they have to prove neglegence (which there was none, since I got it fixed asap). They say that this is that way it's done on 99% of associations. My Ins. Adjuster, and lawyer both say that this is highly irregular, and that's what you have a home owner's policy for. One unit on the 1st floor has $1500 worth of damage. I would have to assume that she let this go for quite some time before any of this was brought to my attention, and even if I have to pay, I still don't think she deserves a new bathroom for it.
So, is each home owner responsible for the damage to their own units, as my attorney says, or am I? How does your HOA deal with wear and tear damage to other units, where something like this could not be prevented?
Sorry to be so wordy.
About 2 months ago a water leak was discovered by the 4 residences underneath me. I live on the 5th floor (top) unit. It was discovered that there was a leak on my shower lead, and tub and overflow drain in the wall. I hired the plumber on the spot and he cleared his schedule to get me in as fast as possible. The pipes were fixed 3 days later. Later on, they kept complaining that leaks were still coming down. He came out again, and found that I had a leak in my valves, but also the 4th floor unit had a streaming leak in his valves as well. I paid for all work done to my pipes (even though they were inside the walls). These pipes were 36 years old, with dry rotting gaskets around the drains. The whole building needs this work done.
Now...these 4 other units had water damage to their bathroom walls. The HOA is saying that I am responsible for the repair to their walls, even though the Declarations say that they have to prove neglegence (which there was none, since I got it fixed asap). They say that this is that way it's done on 99% of associations. My Ins. Adjuster, and lawyer both say that this is highly irregular, and that's what you have a home owner's policy for. One unit on the 1st floor has $1500 worth of damage. I would have to assume that she let this go for quite some time before any of this was brought to my attention, and even if I have to pay, I still don't think she deserves a new bathroom for it.
So, is each home owner responsible for the damage to their own units, as my attorney says, or am I? How does your HOA deal with wear and tear damage to other units, where something like this could not be prevented?
Sorry to be so wordy.