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re: HOA Condo: Water leaking from bathroom ceiling through light fixture.

Posted on 2/16/19 at 9:21 pm to
Posted by AmosMosesAndTwins
Lake Charles
Member since Apr 2010
19015 posts
Posted on 2/16/19 at 9:21 pm to
quote:

Would this be the plumber's expertise or is there a different expert who handles this type of work? I aim very concerned about potential mold issues.


Plumber may have a moisture tester but I’d still push for a mold remediation company to check it, especially since you own. We use a local company but try googling moisture testing companies water damage for your area. Think ServPro and the like.
Posted by Tiger Prawn
Member since Dec 2016
26313 posts
Posted on 2/16/19 at 9:21 pm to
Gonna likely be a claim against the upstairs unit owner’s insurance. I’m an agent and my client was the upstairs unit in a scenario like this and her policy paid for the damage to the unit below caused the toilet backup in her unit
This post was edited on 2/16/19 at 9:23 pm
Posted by member12
Bob's Country Bunker
Member since May 2008
33146 posts
Posted on 2/17/19 at 8:40 am to
So the man upstairs doesn’t like you?
Posted by Apache
San Diego
Member since Dec 2013
2821 posts
Posted on 2/17/19 at 9:26 am to
You are responsible for your damage in your condo. Unless the upstairs neighbor was totally negligent (he wasn't).

If your insurance company can subrogate against the neighbor or the HOA then they will.

Again, nobody else is paying for your condo damage. They owe you nothing. Call your insurance company.
Posted by rpg37
Biloxi, MS
Member since Sep 2008
54970 posts
Posted on 2/17/19 at 9:28 pm to
quote:

You are responsible for your damage in your condo.


So, I have to pay for the plumber to fix the upstairs unit?
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
73693 posts
Posted on 2/17/19 at 9:43 pm to
I've been looking at purchasing a condo recently. This thread reminds me why not to pull the trigger.
Posted by Champagne
Sabine Free State.
Member since Oct 2007
56101 posts
Posted on 2/17/19 at 10:35 pm to
Next time buy a top floor so you don't have to worry about his noisy stomping into the wee hours and you don't have to worry about his toilet overflowing and dumping poop from your ceiling.
Posted by GumplandTiger
Hoover, AL
Member since Jan 2015
1263 posts
Posted on 2/18/19 at 5:29 am to
quote:

You are responsible for your damage in your condo. Unless the upstairs neighbor was totally negligent (he wasn't). If your insurance company can subrogate against the neighbor or the HOA then they will. Again, nobody else is paying for your condo damage. They owe you nothing. Call your insurance company.


I own a restoration company and have dealt with this issue many times over the last decade, this is almost correct. Generally, here is what happens:

Homeowner upstairs had no negligence, they aren’t responsible. But, they have to pay to fix their plumbing.

You’re ceiling was caused by the fact your neighbor is directly above you, not your fault either.

Most of the time the HOA covers anything that causes damage inside common walls and between floors like this. That’s who should pay to fix your unit, so call them first. If not, file an insurance claim and your insurance will subrogate.

You also need to have a mitigation company involved, just in case. We are the ones that have meters and understand structural drying. Letting it just air out generally won’t work. Just fans generally won’t work. Dehumidification is how you dry a property. It also needs to be treated. Depending on what was wet and how much was cut out, you may not need anything. It depends on the structure.
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
10964 posts
Posted on 2/18/19 at 9:20 am to
quote:

Assuming I don't die tonight of a fire, would this clearly be a case where the upstairs owners of the condo have to file on their insurance?

The dude upstairs pays. I would escalate this with a strong sense of urgency with the HOA, unless you don't mind living with mold issues inside your unit.
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
37551 posts
Posted on 2/18/19 at 9:23 am to
quote:

Depends on what your condo docs say but usually it’s going to be on the upstairs neighbor. Most hoas only cover exterior and some common pipes


Yup, need to check your condo paperwork. I've gotten screwed on this twice already where the upstairs neighbor had a leak that damaged my place and my insurance had to cover it because that's how our association is set up. My insurance actually didn't renew me because of it at one point.
This post was edited on 2/18/19 at 9:26 am
Posted by Ed Osteen
Member since Oct 2007
59338 posts
Posted on 2/18/19 at 9:25 am to
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