Water leaking dispute between upper and lower units

[littleJoe]

What is the name of your state? MA

A lower unit owner found water in the ceiling spread to wide area after coming back from vacation. HOA was called and sent an HOA engineer, who found upper unit disposal was clogged. He immediately unclogged the disposal, the leaking stopped. There has been no further leaking since then.

The lower unit owner asked the upper unit owners to compensate the damages which was refused. The lower unit believed the upper unit neglected the clogged disposal which caused the leak, so the upper unit is responsible. The upper unit owner said there was not visiable leaking from the disposal even it is clogged, so the leaking could be in the drain pipes under its floor, which is HOA's responsibility. HOA agrees with the lower unit owner, said if drain pipe had leak, it won't stop by itslef, HOA also said this is between two unit owners.

The lower unit owner doesn't want to claim insurance, like to get the compensation from the upper unit directly. Other than hiring an attorney, is there any other possible solution the lower unit can try?

Thanks in advance!

LJ

 

[quincy]

What is the name of your state? MA

A lower unit owner found water in the ceiling spread to wide area after coming back from vacation. HOA was called and sent an HOA engineer, who found upper unit disposal was clogged. He immediately unclogged the disposal, the leaking stopped. There has been no further leaking since then.

The lower unit owner asked the upper unit owners to compensate the damages which was refused. The lower unit believed the upper unit neglected the clogged disposal which caused the leak, so the upper unit is responsible. The upper unit owner said there was not visiable leaking from the disposal even it is clogged, so the leaking could be in the drain pipes under its floor, which is HOA's responsibility. HOA agrees with the lower unit owner, said if drain pipe had leak, it won't stop by itslef, HOA also said this is between two unit owners.

The lower unit owner doesn't want to claim insurance, like to get the compensation from the upper unit directly. Other than hiring an attorney, is there any other possible solution the lower unit can try?

Thanks in advance!

LJ

These are owner-occupied condominiums and not tenant-occupied rental units?

The lower unit occupant should report the ceiling damage to his own insurer.

 

[adjusterjack]

. The upper unit owner said there was not visiable leaking from the disposal even it is clogged,

There's no negligence on the part of the upper unit owner. No visible leak. And there's nothing that anybody can do to prevent a clogged disposer until the results of a clog presents itself.

The basis of negligence is "knew or should have known." That is absent here.

The lower unit owner doesn't want to claim insurance, like to get the compensation from the upper unit directly. Other than hiring an attorney, is there any other possible solution the lower unit can try?

He'll pay more for an attorney than the cost of repairs and he isn't likely to win.

If he doesn't want to use his insurance, he can pay for the repairs with his own money.

 

[quincy]

The HOA might have to pay but, because this thread was placed in the landlord/tenant section, I am not sure why an HOA is involved.

 

[FarmerJ]

Have you at least arranged for a estimate so you know the amount your dealing with ? and could you pay it out of pocket if that is the route you had to go ? 2nd ? do you have a written report from the maintence guy that says the disposal unit was clogged and the under the sink area was wet ? If the disposal was not clogged then their should not have been a leak because with a leak waste water would have sat in the disposal unit and eventually could have leaked thru a poor seal at the point the machine connected to the sewer /drain line. ANY way If you dont know the cost of the repair you should so that way if you chose to fix it then to file a claim in small claims court against the other units owner you can let a court decide if that owner is not at fault .

 

[FarmerJ]

Have you at least arranged for a estimate so you know the amount your dealing with ? and could you pay it out of pocket if that is the route you had to go ? 2nd ? do you have a written report from the maintenance guy that says the disposal unit was clogged and the under the sink area was wet ? If the disposal was not clogged then their should not have been a leak because with a leak waste water would have sat in the disposal unit and eventually could have leaked thru a poor seal at the point the machine connected to the sewer /drain line. ANY way If you dont know the cost of the repair you should so that way if you chose to fix it then to file a claim in small claims court against the other units owner you can let a court decide if that owner is not at fault .

 

[quincy]

A resident of an upper unit that has a hidden problem in the unit - a problem that the upper unit resident is unaware exists - is unlikely to be found at fault. It more likely would be the responsibility of the landlord/HOA to correct the problem.

Again, I am having a difficult time understanding who exactly owns the actual building where the units are located. HOA documents would (or should) spell out who is responsible for what. With a rental, any hidden problems (behind the walls, under the floors) fall on the landlord to fix, absent a resident’s negligence or failure to notify the landlord within a reasonable time of the problem.

A renter’s or homeowner’s insurance agent should be contacted.