Dispute with fellow condo owner what can I do legally

[Jimlabruno]

Jurisdiction

New Jersey

So about two months ago water leaked into my condo from the upstairs condo . The guy called his plumber friend to come look and after they cut open my wall the plumber could not find the issue and said nothing was wrong . We waited about a month before putting that wall back and only saw a drip or two fall over that time and again his plumber friend said he could not find the leak . So fast forward after I paid for a whole new ceiling to go in a major leak happens I have the owner of the upstairs condo come and see the leak in progress . He tells me he will contact his insurance . So today he calls me and says his insurance said it's not his problem that I should open a claim with my insurance and they can go to them if we prove it's his pipes . So hi, and I have words and this leads to the problem

So I call my insurance cut open my wall again and have a plumber come over for me this time . He tells me he thinks it's the bathtub and only happens when the guy takes a bath which is rare like once a month which explains why it happens only once and a while . He tells me though I'm order to prove it we need the owner upstairs to fill his tub up while we are watching but the owner who wants to play dumb and not answer me or help and I obviously don't have access to his condo and the association does not get in the middle of disputes . So what can I have a lawyer do to force him to do what we need to prove where leak is from so we can fix it . We want to sell our condo but can't until this is fixed

 

[zddoodah]

So about two months ago water leaked into my condo from the upstairs condo . The guy called his plumber friend to come look and after they cut open my wall the plumber could not find the issue and said nothing was wrong .

If the plumber couldn't find anything, how do you know the water leaked "from the upstairs condo"? Also, if you suspected the water came from the upstairs condo, why would the plumber open up the wall (as opposed to the ceiling)?

So what can I have a lawyer do to force him to do what we need to prove where leak is from so we can fix it .

Lawyers have no power to force folks to do things than anyone else. If you want to sue the upstairs neighbor, then you can seek a court order to conduct a bathtub test. Otherwise, there's nothing you can do about this.

 

[Jimlabruno]

If the plumber couldn't find anything, how do you know the water leaked "from the upstairs condo"? Also, if you suspected the water came from the upstairs condo, why would the plumber open up the wall (as opposed to the ceiling)?



Lawyers have no power to force folks to do things than anyone else. If you want to sue the upstairs neighbor, then you can seek a court order to conduct a bathtub test. Otherwise, there's nothing you can do about this.

Apologies I meant he opened the ceiling . And the water is coming from above the ceiling and I had the community guy get the specs to the building only thing above my ceiling in the bathroom is his pipes . Looks like we are destined for small claims court

 

[zddoodah]

Keep in mind that discovery rules in small claims court are typically more limited than in "regular" court (and, in some states, there is no discovery in small claims cases).

 

[Jimlabruno]

Keep in mind that discovery rules in small claims court are typically more limited than in "regular" court (and, in some states, there is no discovery in small claims cases).

Well do I really have any other options other then to take them to small claims court to get the judge to issue an order requiring them to let the plumber into their until to run tests on the pipe and the tub?

Also can I in small claims ask the judge to require them to pay my attorney fees since it's their lack of cooperation that lead us to small claims court

 

[army judge]

Well do I really have any other options other then to take them to small claims court to get the judge to issue an order requiring them to let the plumber into their until to run tests on the pipe and the tub?

A small claims court judge or referee lacks the power many higher level jurists possess.

Small claims lawsuits are about recovering money, and issuing protective orders.

I suggest you discuss your concerns with a couple of lawyers licensed in your state to discover what the courts and laws of your state can do to assist you in solving your issue.

 

[zddoodah]

If you sue in small claims court, you shouldn't have any legal fees. If you hire an attorney, you can and should discuss with your attorney what the appropriate court is. However, the default rule in the United States is that each party pays his/her/its own legal fees. The primary exception is if the lawsuit relates to a contract that provides for the recovery of fees by the prevailing party. There are some other exceptions, but they're few and far between, and it's unlikely that your situation fits in any of them.

 

[mightymoose]

Well do I really have any other options...

You said you have been in contact with your insurance. What do they recommend?

What effort have you made to contact the upstairs neighbor?

 

[Jimlabruno]

You said you have been in contact with your insurance. What do they recommend?

What effort have you made to contact the upstairs neighbor?

Insurance is going to come look but won't see anything without him filling his tub , and neighbor ignores all our contact