Problem with a neighbor after closing

[divass]

What is the name of your state?
Virginia

Hello!

I am a first time home buyer and just moved in my condo 2 months ago.
I bought it "as is" condition and:
1) I have 2 disclosure statements (for broken dish washer and broken door )
2) No home inspection and no home warranty.
Other than above broken items the condo was in very good condition after several renewation works (appliances, cabinets, bath, carpet, walls).
However 5 days ago I was informed by the neighbour below me that there is a leaking problem in his bath room and hall. First I evaluated the situation just by myself - there is a 1'' hole and stains in the bath room but no dripping water as it was stated initially. Also I learnt that the neighbour is in a process of preparation to sell his unit.
I notified the condo association and after their evaluation they stated that the problem is in my bath room and therefore it was not their business. I don't have any visible or mechanical problems in my bathroom. The estimation for "probable broken pipes and toilet replacement" I got from 2 contractors was between $ 800 and $ 2500. Both of them also stated that this cannot ocure overnite and the stains/hole are at least 6 months to year old.
As a single family mom this amount is significant for me espessially when I have to take the risk to actually break my bathroom in order to fix the problem. Considering all the facts I feel very unfortunate and still feel that I should not be the one to pay for these fixes. What is your advice?

Thanks in advance.

DD

 

[Shel77]

Did the neighbor below you state that they had informed the previous owner of you unit about the problem as well?

 

[divass]

Did the neighbor below you state that they had informed the previous owner of you unit about the problem as well?

Thank you for your attention.

The neighbour below me is a tenant. He informed his landlord (the owner of the condo below me) and the owner notified me about the problem. The tenant said that when he moved in there were not any stains or leaks. The owner of the condo below me said that it was not his business to inform the previous owner of my condo. I contacted the previous owner of my condo and she stated that there were not any problems with the pipes before and advised me that the issue must be resolved by HOA. During the last 2 weeks, I left several voice messages to The HOA Board of Directors to arrange problem solution without any response. I met with the HOA maintenance technitian who visited my condo but he was not able to visit the condo below me because the tenant was not there. I arranged with the tenant the day and time to see the problem but the maintenance technitian did not show up.

Now I am still under the presure to fix the problem as soon as possible - it gets worse every day and because both me and the tenant have only one bath room I expect the situation very soon to be critical. I would like to move this on but I feel so dead ended - help please.

 

[divass]

one more question

OK, here is one more question:

Where do I start in order to find the law or policy according to which I am obligated or not to pay for requested repairs?

Thanks.

 

[Shel77]

Ok, if the HOA is responsible for these types of damages then they should and most likely will fix the problem, once they can gain access and show up to find out what that problem is. However, if they are not responsible for this issue then you will have to fix it if something in your condo is causing the problem. The previous owner is not obligated to pay for this issue nor disclose it to you if he/she was unaware at the time of sale that a problem existed. You said the tenant informed their landlord who then told you, the previous owner was not informed and from what I have read the tenant did not discover the problem until after you closed.

 

[divass]

Thank you for your answer. I talked with a lawyer today and feel much better under protection of applicable laws. I am responsible person and I am willing to fix the problem asap and not to destroy the good relationship with my neighbour. However this is not just my problem and I would not like somebody to take advantage of me.