I live in a condo association with 450 units. In August, 2009 I noticed a "foul" smell in my garage and thought it was a dead rat, but also noticed brown rotting drywall that was wet.
I contacted my upstairs neighbors thinking that it was their plumbing, as all my plumbing is far away from the garage. The neighbor ignored my reqest to at least look at it. Eventually after a period of time he did look at it and stated that it was not clear to him that it was his plumbing. So, after 2 months or so, I called a plumber and cut out the plumbing.
The plumber verified that the leak was coming from upstairs in the presence of the wife. The plumber verified that there was probably mold damage and that it definitely needed to be inspected. The Wife refused to call the Mold inspection (Emergency water damage). I was left with a hole in my wall.
The wall seperates my garage from the garage next door (a third party).
The plumber found that the pipe had a nail in it, most likely driven in by the developer 9 years previously.
I had to call the Mold inspector myself and was billed $1,400.00.
So, with these facts, I called the HOA property manager as I had been for many months before about the possibility of a plumbing leak in my garage and the need for assistance . The property manager told me flat out that it was not her responsibility, it was mine and my upstairs neighbors. After telling her these new facts about the nail and that there is still mold, the HOA property manager decided to bring it to the board's attention.
I made it my business to call the insurance of the HOA, the insurance company was slow to respond and I had to call his supervisor to finally come out and inspect. After his investigation and about a month later, he came to the conclusion that the insurance company was not responsible.
I had to finally call the supervisor of the HOA property manager to get some answers and was told of the insurance decision, I was also told that the HOA Board had convened and concluded that it was not their responsibility.
I do not have inside insurance for my house. I have not paid the Mold inspector, to whom I explained the situation before they came over to do the work; I would like to pay them, but can't, I do not have the money.
The CC&Rs state the if a neighbor's plumbing leak caused damage to my unit ,then I am responsible as long as the neighbor has not been negligent.
The CC&Rs also state that all common structure damage is the responsibility of the HOA as long as the damage is due to something other than plumbing leakage; ie. rain coming in through a leaking roof.
My issue is this:
1) why do I have to pay for something that I did not cause.
2) my upstairs neighbor should be responsible for everything because it was his plumbing and the damage was done to common structure.
3) The nail, that was placed in the plumbing, by the developer, that caused the leak in the first place 9 years ago, should not be my responsibility.
4) The HOA should have taken control and given guidance from the beginning.
5) the frustration that this has caused me should be compensated for.
I contacted my upstairs neighbors thinking that it was their plumbing, as all my plumbing is far away from the garage. The neighbor ignored my reqest to at least look at it. Eventually after a period of time he did look at it and stated that it was not clear to him that it was his plumbing. So, after 2 months or so, I called a plumber and cut out the plumbing.
The plumber verified that the leak was coming from upstairs in the presence of the wife. The plumber verified that there was probably mold damage and that it definitely needed to be inspected. The Wife refused to call the Mold inspection (Emergency water damage). I was left with a hole in my wall.
The wall seperates my garage from the garage next door (a third party).
The plumber found that the pipe had a nail in it, most likely driven in by the developer 9 years previously.
I had to call the Mold inspector myself and was billed $1,400.00.
So, with these facts, I called the HOA property manager as I had been for many months before about the possibility of a plumbing leak in my garage and the need for assistance . The property manager told me flat out that it was not her responsibility, it was mine and my upstairs neighbors. After telling her these new facts about the nail and that there is still mold, the HOA property manager decided to bring it to the board's attention.
I made it my business to call the insurance of the HOA, the insurance company was slow to respond and I had to call his supervisor to finally come out and inspect. After his investigation and about a month later, he came to the conclusion that the insurance company was not responsible.
I had to finally call the supervisor of the HOA property manager to get some answers and was told of the insurance decision, I was also told that the HOA Board had convened and concluded that it was not their responsibility.
I do not have inside insurance for my house. I have not paid the Mold inspector, to whom I explained the situation before they came over to do the work; I would like to pay them, but can't, I do not have the money.
The CC&Rs state the if a neighbor's plumbing leak caused damage to my unit ,then I am responsible as long as the neighbor has not been negligent.
The CC&Rs also state that all common structure damage is the responsibility of the HOA as long as the damage is due to something other than plumbing leakage; ie. rain coming in through a leaking roof.
My issue is this:
1) why do I have to pay for something that I did not cause.
2) my upstairs neighbor should be responsible for everything because it was his plumbing and the damage was done to common structure.
3) The nail, that was placed in the plumbing, by the developer, that caused the leak in the first place 9 years ago, should not be my responsibility.
4) The HOA should have taken control and given guidance from the beginning.
5) the frustration that this has caused me should be compensated for.
