 Leak from above (by Eric [MD]) Dec 19, 2009 6:42 AM
 Leak from above (by Virden [OH]) Dec 19, 2009 7:08 AM
Leak from above (by AllyM [NJ]) Dec 19, 2009 7:26 AM
Leak from above (by billy [MA]) Dec 19, 2009 7:27 AM
Leak from above (by Moshe [CA]) Dec 19, 2009 10:08 AM
Leak from above (by Moshe [CA]) Dec 19, 2009 10:12 AM
Leak from above (by Eric [MD]) Dec 19, 2009 1:36 PM
Leak from above (by Moshe [CA]) Dec 19, 2009 2:51 PM
Leak from above (by Reid [KS]) Dec 19, 2009 10:35 PM
Leak from above (by Eric [MD]) Posted on: Dec 19, 2009 6:42 AM
Message:
State Specific Question About: MARYLAND (MD)
The unit above me refuses to repair the leaks originating from his bathroom. This ongoing issue has caused damage to my bathroom ceiling more than once and it continues. I've already contacted the condo association but they keep saying its an owner vs owner issue. I've been to small claims and have filed a lien for damages. Still the issue remains. Outside of notifying the unit above, the association has done nothing in terms of enforcement. I don't know how to remedy this issue. To add, the owner above doen not have owner's insurance. --76.106.xx.xx |
Leak from above (by Virden [OH]) Posted on: Dec 19, 2009 7:08 AM
Message:
Collect the lien and repair, a new leak is a new situation, ask the HOA for help or add them to the next claim case. --68.76.xxx.xxx |
Leak from above (by AllyM [NJ]) Posted on: Dec 19, 2009 7:26 AM
Message:
Leaks from second floor apartments have several times forced me to cut into the ceiling from below in order to have a pipe replaced or a fitting changed.
In fact, in several of my first floor rentals, there are trap doors in the ceiling which can be unsealed to look at the plumbing above.
Chances are, the problem may be fixable from your condo below.
If it were my problem, I would get a plumber to come out and remove some of the ceiling to see if it is something that can be fixed from below.
If it is a loose trap above then you will be able to have it fixed.
Other leaks from above are usually shut offs that need tightening at the packing nut or replacement. Must be fixed above.
Wax seals under the toilet. Must be fixed from above.
Leaky faucet leaking into a vanity sink. Must be fixed from above.
Loose tile or grout around a tub. Must be fixed from above.
If you find out that it is the wax seal under the toilet, maybe the local Health Department would step in.
In fact, you might want to call the local Health Department first because they certainly would be concerned if sewage was coming into the apartment.
That might get the condo association to do something.
Hope this helps. Are you not friendly with the person upstairs? Have you approached them in a friendly way?
--76.99.xxx.xx |
Leak from above (by billy [MA]) Posted on: Dec 19, 2009 7:27 AM
Message:
if housing assn wont help i would go small claims route.document everything.pictures,witnesses etc. --208.58.x.xx |
Leak from above (by Moshe [CA]) Posted on: Dec 19, 2009 10:08 AM
Message:
Check the governing documents of your Condo association to see if there is any responsibility on their part to prevent such problems. Consider explaining to them that there may be a structural problem resulting from these leaks for which they may be held responsible.
Next, check your state laws to see what kinds of (small claims) suit you could bring against the condo association. Suing them will probably get them to react and quickly.
You say that you have already been to small claims court. Against whom? the upstairs owner? If you got a judgment, are you in the process of collecting on it? That ought to get the upstairs owner's attention.
--98.119.xxx.xxx |
Leak from above (by Moshe [CA]) Posted on: Dec 19, 2009 10:12 AM
Message:
P.S.,
Using a suggestion from AllyM, how about contacting local Building & Safety Dept. If they have any basis, they can cite the condo association. I bet that you well get action, fast.
Usually, condo association rules (original rules) needed to have approval from Local Dept of real estate, usually include protections from problems like this.
--98.119.xxx.xxx |
Leak from above (by Eric [MD]) Posted on: Dec 19, 2009 1:36 PM
Message:
Thanks for all your replies. I was on friendly terms with the owner in question but that changed after repeated offenses and his lack of action to remedy the issue. I've successfully sued him (upstairs neighbor) and I am in the process of collecting on the lien. But as I take these steps the problem continues. I've called a plumber but he said he needs to get into the unit above. Problem is they won't answer the door to allow anyone in. I've contacted the local agencies, its just a matter of getting a response from them (code enforcement & health dept). I'll continue being the squeaky wheel until I get a reply. --76.106.xx.xx |
Leak from above (by Moshe [CA]) Posted on: Dec 19, 2009 2:51 PM
Message:
"I am in the process of collecting on the lien".
Are you foreclosing on his condo? And that doesn't get his attention? Is he in arrears on his condo fees? Maybe you can pick up his condo for the price of fixing a ceiling.
Grabbing his salary check would be a little faster, and might get his serious attention faster.
--98.119.xxx.xxx |
Leak from above (by Reid [KS]) Posted on: Dec 19, 2009 10:35 PM
Message:
Why isn't this fella interested in fixing his leaky bathroom ? It seems as though common sense would dictate that they fix it just because it's broke ? --70.246.xxx.xxx |
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