liable for leaking problem

eyewatcherDecember 29, 2009

Yesterday,I received a letter from an attorny who represents the board of manager. The letter states that we, an owner of condo, are liable for leaking problem in the downstair and need to remove all the improvement that we made. we made improvement on terrace three years ago. we have not heard any leaking problem from management until yesterday. the management states that we caused the leaking since we made various improvement without approval, which is not correct. I went to the downstair to check where the leaking came from. The leaking came from ceil where probably is my bathroom, not terrace. the downstair resident said tha the leaking has happened for 10 years. I strongly believe that the board put all liability on us to avoid all the costs an responsibility. In this summer, we repaired the bath tub because we had a leaking problem caused by upstairs. we paid all the costs in the end. we even called the super, but he didn't say anything just leaking came from upstair.I am so upset at the board while I am so frustrated. I don't know what to do. Should I directly contact the board or contact my insurance agent or hire an attorny? In order to inspect where the leaking comes from, who should I contact? can anyone give me advice pls? I need big help!! btw, I live in Queens, NY.

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camlan

Contact the board and ask for proof of the terrace improvements causing a problem. Gather up the approval that you received at the time you made the improvements and send that to the board.

As for the downstairs unit, it is possible that your leaky tub has caused problems in the lower unit. You will need to check the condo rules and regulations to see what you are responsible for. If the unit above yours caused a problem in your unit, you may be able to make them pay for your repairs--but it all depends on how your condo is set up. Again, your condo rules will tell you if you can hire your own plumber or house inspector to come and look at the problem or if you have to use the condo maintenance people.

A consultation with a lawyer who can explain your condo regulations regarding repairs, who is responsible for what and what options you have might be a good idea.

What seems odd to me is that the downstairs unit has had a leaking problem for 10 years and you are only now hearing about it? I would ask for an explanation about that.

    Bookmark   December 30, 2009 at 1:16PM
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eyewatcher

Thx for your advice. I better contact the board of manager.

    Bookmark   December 30, 2009 at 11:28PM
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camlan

Do bear in mind that the leak could be caused by something other than your leaky tub. Water can travel inside a building, so it is possible that the leak starts somewhere else. So your terrace is still a possibility.

However, before you remove anything, the board of managers should show you something from a plumber, a building inspector, i.e. someone who knows what they are talking about, that clearly shows your terrace is the problem.

And if the leak has been in existence for 10 years, then the improvements made to your terrace three years ago should not be the cause.

There's a lot that doesn't quite add up here, so try to get the board to give you everything they have, in writing. They may not want to do this, which is where you will need to get your own attorney.

    Bookmark   December 31, 2009 at 7:43AM
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moonshadow

I posted yesterday but it was lost in GW software glitch.

Since they have a lawyer, rather than try to deal with it yourself, I'd consult a lawyer up front. They can at least guide you through this and cover you so you're protected.

    Bookmark   December 31, 2009 at 9:47AM
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eyewatcher

Thank you so much, camlan and moonshadow.
I think so that my terrace is a possiblity. However what I am so suspicious is that the board of manager has not shown anything that leaking comes from my trace.
they just assume without any proof.
I definitely request water leak detection first.
Tks alot all.

    Bookmark   January 2, 2010 at 12:15AM
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