Hello,
I live in California and I own a downstairs condo. A few weeks ago, I discovered a small bubble in the wall by the ceiling of the guest bathroom, right by where the shower is. I called the HOA plumber who by visual inspection said this seemed to be cause by the upstairs neighbor's tub. I contacted HOA manager, and he then emailed the upstairs owner (and myself) to let her know. In the email, he stated that by governing documents (attachment 1), if this leak was caused by a pipe it maintains, the HOA will pay for all the repairs up to the drywall. And, if this was caused by something in the upstairs bathroom, the upstairs neighbor will be responsible for all repairs and damages caused to my unit. The upstairs owner rents her unit (to family). She emailed saying she was in brazil, and that she authorize me and the tenant to do all repairs. She also called the plumber company and gave her CC (as they needed that to do any work). The plumber then came, cut off my drywall (2 layers about 2 sqft each inthe ceiling and another 6 sq in of the wall by the ceiling). He said the problem was caused by the posi temp cartridge of the upstairs tub being too worn off. He replaced it. The plumbers company charged the upstairs neighbor for everything. Then, when it came to repairs (ceiling and wall), she emailed the HOA manager and me saying she authorized all repairs. I was in contact with the HOA contractor, but by the time they provided an estimate, the upstairs homeowner was back in the US, and they sent her the estimate. She sent it to her insurance, and her insurance says that I am responsible for the drywall in my unit (see attachment 2). They also said that she should not have paid for the plumber to cut my drywalls. I am a bit at loss on what to do now. I only authorized the plumber to cut my ceiling because through email, we had an understanding that whoever was responsible would pay for all the damage. My original water damage was very small and it was only paint.
Here are 2 sections of the by laws:
Attachment 1:
Attachment 2:
I live in California and I own a downstairs condo. A few weeks ago, I discovered a small bubble in the wall by the ceiling of the guest bathroom, right by where the shower is. I called the HOA plumber who by visual inspection said this seemed to be cause by the upstairs neighbor's tub. I contacted HOA manager, and he then emailed the upstairs owner (and myself) to let her know. In the email, he stated that by governing documents (attachment 1), if this leak was caused by a pipe it maintains, the HOA will pay for all the repairs up to the drywall. And, if this was caused by something in the upstairs bathroom, the upstairs neighbor will be responsible for all repairs and damages caused to my unit. The upstairs owner rents her unit (to family). She emailed saying she was in brazil, and that she authorize me and the tenant to do all repairs. She also called the plumber company and gave her CC (as they needed that to do any work). The plumber then came, cut off my drywall (2 layers about 2 sqft each inthe ceiling and another 6 sq in of the wall by the ceiling). He said the problem was caused by the posi temp cartridge of the upstairs tub being too worn off. He replaced it. The plumbers company charged the upstairs neighbor for everything. Then, when it came to repairs (ceiling and wall), she emailed the HOA manager and me saying she authorized all repairs. I was in contact with the HOA contractor, but by the time they provided an estimate, the upstairs homeowner was back in the US, and they sent her the estimate. She sent it to her insurance, and her insurance says that I am responsible for the drywall in my unit (see attachment 2). They also said that she should not have paid for the plumber to cut my drywalls. I am a bit at loss on what to do now. I only authorized the plumber to cut my ceiling because through email, we had an understanding that whoever was responsible would pay for all the damage. My original water damage was very small and it was only paint.
Here are 2 sections of the by laws:
Attachment 1:
Attachment 2:
Repair and Maintenance: Who Pays for Drywall Ceiling Cut to Diagnose Upstairs Leak Source
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