more of a legal question- neighbors toilet/pipe leaking- he refus
Hi- This is sort of a 'how do I get the sucker' issue...
I have a winter condo- I live downstairs with one condo upstairs. My neighbor(downstairs) is about 70years old female. For a couple years now, I have suspected that the neighbor above my downstairs neighbor has a leak in his bathroom...I have mentioned to the upstairs guy that I hear a 'drip', 'drip', 'drip' when they take a shower, flush the toilet- run water in the bathroom in general. He says 'it's not from my place' and refuses to talk to either one of us. Now I don't have visible water in my condo,but I can hear it dripping louding- but my next door neighbor has her bathroom ceiling removed in a couple places because they redid her bathroom and the exhaust vent and heat vent has been taken off the ceiling. The guy upstairs who I suspected had a leak now drips water onto my neighbors toilet which is directly below his- yellowish- which is obviously diluted pee/poop leaking from the toilet wax ring. A friend got up on a ladder and looked into the ceiling hole where the exhaust fan was and can see water on the ceiling (between 1st and 2nd floor).He COULD see the water dripping from a pipe and directly from the wax toilet seal. He couldn't see well enough to see where the 'drip','drip','drip' sound was coming from- i assume it is following a rafter and hitting either the ceiling or between the walls.
We have called our homeowners association who say they have nothing to do with it and to call the management co. We have called the mgmnt co SEVERAL times with no return call.
I now know what 'Chinese water torture' makes people go nuts- it is a horrible sound- every 5 to 45 seconds depending on how much water they are using. Yesterday I had to spend the whole day in my bedroom doing 'continuing education credits' so I heard the sound for 11 hours.
Most mornings, again depending on how much water the people upstairs use, the dripping sound wakes me. It is surprising how loud it is.
I am also a severe asthmatic- I am VERY allergic to molds and an on one of the last drugs available for asthmatics.
I have called the police who say they can do nothing. Same with HOA/management co. Both my neighbor and I can't pay to have it fixed then go to Small Claims Court, because even if we won, that doesn't mean they guy will give us our money back- winning a case does nothing to actually being reimbursed. If we put a lein on his condo it won't do anything because he doesn't plan on moving, plus putting out that kind of money is difficult for my neighbor/myself because I am disabled and she is retired.
What would be a way to get this taken care of?? Thanks- sorry for the long post but I wanted to make a clear picture.