HOA claims I owe for damage to neighbors unit; failed to inform me in timely manner

[elmuchoprez]

What is the name of your state (only U.S. law)?
Michigan

I live on the middle floor of a three story condo. I was recently informed that there is an issue with my pipes and that when the shower runs, water is leaking into a closet of the unit below me and has caused some damage to drywall, which now needs to be replaced. I do not know the extent of the damages. The HOA, which informed me of the problem, is claiming that I am liable for the repairs.

Normally I'd be fine with this, however when they were telling me about the problem, they informed that they have known about the problem for several weeks and have been called to the unit below me no less than 4 times to investigate. However, this is the first anyone (including the HOA or the tenant) has brought the issue to my attention. Furthermore, I have no way of telling how much of the damage could have been prevented had it been addressed when first discovered.

Does the tenant or HOA have any responsibility, as a matter of due diligence, to inform me of an issue that they tend to hold me responsible for within a reasonable amount of time for the purpose of preventing further damage?

Additionally, if I make any offer of partial restitution as an offer of good faith, can that be viewed as accepting responsibility for all damages? I mean, it was my pipe that broke and I have no interest in screwing the person below me without cause. I'd probably be willing to split the repair bill with her, but I can't help but assume damages would have been less if someone had bothered to inform me weeks ago.

 

[Cedrus]

Are you sue about faulty piping as the cause? What if your shower pan/drain is the problem? Would that make a difference? Ask the HOA to send a plumber and find the cause. No guesswork.

 

[HuAi]

I was in the same situation (another state though). I immediately submitted a claim to my insurance company to let them defend me. The cause was a leaky pan in my shower. I hired a contractor fix it. The downstairs neighbor filed a claim with his insurance company, and they in turn came after mine. My insurance company denied their claim as the downstairs neighbor refused to have a contractor open his ceiling to inspect the cause of damage (it was near a common water pipe) and several apartments could have caused the leak. He waited for 2 months before finally allowing a plumber to determining the water was coming from my apartment.

 

[HomeGuru]

What is the name of your state (only U.S. law)?
Michigan

I live on the middle floor of a three story condo. I was recently informed that there is an issue with my pipes and that when the shower runs, water is leaking into a closet of the unit below me and has caused some damage to drywall, which now needs to be replaced. I do not know the extent of the damages. The HOA, which informed me of the problem, is claiming that I am liable for the repairs.

Normally I'd be fine with this, however when they were telling me about the problem, they informed that they have known about the problem for several weeks and have been called to the unit below me no less than 4 times to investigate. However, this is the first anyone (including the HOA or the tenant) has brought the issue to my attention. Furthermore, I have no way of telling how much of the damage could have been prevented had it been addressed when first discovered.

Does the tenant or HOA have any responsibility, as a matter of due diligence, to inform me of an issue that they tend to hold me responsible for within a reasonable amount of time for the purpose of preventing further damage?

Additionally, if I make any offer of partial restitution as an offer of good faith, can that be viewed as accepting responsibility for all damages? I mean, it was my pipe that broke and I have no interest in screwing the person below me without cause. I'd probably be willing to split the repair bill with her, but I can't help but assume damages would have been less if someone had bothered to inform me weeks ago.

**A: did you file a claim with your insurance company?