Legal question about plumbing in a condo unit

Legal question about plumbing in a condo unit

Business Consultant at BiggerPockets · Kremmling, CO · Member since 2022 · 4 posts · 1 vote

I own a condo on the second floor of a three floor building. The unit above me is having a plumbing leak so I've seen a small amount of water come down through my exhaust fan into my bathroom a few times when she has used the tub. To be clear, it is not in the shared plumbing between units. I'm pretty sure the leak is coming from the p-trap under her bathtub. The previous owner asked to go through my ceiling to get it fixed, which I originally allowed without much thought into how much of a headache it would be. I was assured it would be taken care of and I, foolishly, took them at their word. Without going into the whole story, he attempted to fix it but ended up hiring an incompetent plumber who just damaged my bathroom and I was stuck cleaning up the very expensive mess and living with my only bathroom under renovation for weeks.

Well anyway, it is now owned by a new woman, and the leak still isn't fixed. She has hired two plumbers who have both said the only way to access the plumbing is through my ceiling. I'm really reluctant to let them back into my unit, but I also want the leak above me fixed. Any advice on the best way to handle this, and steps I can take to protect myself from getting screwed over again would be amazing! I'm no contractor, but to me it looks like were going to need an electrician to remove the exhaust fan, a plumber to fix the leak, and someone to repair the drywall. 

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  • Real Estate Agent · Los Angeles, CA · Member since 2018 · 2k+ posts · 1k+ votes
    3y

    Get insurance involved. They generally cover it and they will go after the unit above. That is the cleanest way to do it.

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    3y

    I'm sure you've already done this but take photos of any/all damage from the leak.  Obtain the name of the other unit's insurance company and/or - if there is a condo management office, get one/both involved in coordinating the repairs. Your property has already been damaged three times - twice from leaks and once by their plumber.  Done.  They will need to remove the bathtub from the upstairs unit and make whatever repairs are necessary.  You don't need to allow "exploratory surgery" to occur in your unit while they make it a cheap and more convenient date for the upstairs' owner.  Again, they don't HAVE TO access your unit - there are other ways to fix this from within THEIR unit.  Just say no...

    Sorry you're going through this...

  • Investor · Curtis, NE · Member since 2019 · 231 posts · 140 votes
    3y

    In my experience this is a very common issue with condos. I owned a unit in Scottsdale where I had two separate insurance claims from two different leaks from the unit above in two years. I owned another condo in Scottsdale where it was disclosed during the purchase process that the unit above had previously leaked into the unit I was purchasing. Get insurance involved and property management involved.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    3y

    have them put up funds in escrow until job completed

  • Member since 2019 · 7k+ posts · 4k+ votes
    3y
    Quote from @Account Closed:

    I own a condo on the second floor of a three floor building. The unit above me is having a plumbing leak so I've seen a small amount of water come down through my exhaust fan into my bathroom a few times when she has used the tub. To be clear, it is not in the shared plumbing between units. I'm pretty sure the leak is coming from the p-trap under her bathtub. The previous owner asked to go through my ceiling to get it fixed, which I originally allowed without much thought into how much of a headache it would be. I was assured it would be taken care of and I, foolishly, took them at their word. Without going into the whole story, he attempted to fix it but ended up hiring an incompetent plumber who just damaged my bathroom and I was stuck cleaning up the very expensive mess and living with my only bathroom under renovation for weeks.

    Well anyway, it is now owned by a new woman, and the leak still isn't fixed. She has hired two plumbers who have both said the only way to access the plumbing is through my ceiling. I'm really reluctant to let them back into my unit, but I also want the leak above me fixed. Any advice on the best way to handle this, and steps I can take to protect myself from getting screwed over again would be amazing! I'm no contractor, but to me it looks like were going to need an electrician to remove the exhaust fan, a plumber to fix the leak, and someone to repair the drywall. 


     please involve insurance and if necessary, a public adjuster.

  • Investor · San Diego · Member since 2022 · 2 posts · 0 votes
    3y

    Your HOA will specify who pays. My top floor condo leaked to the neighbor below and it was my responsibility to pay. The only way to be sure it's done right is to connect the drain from underneath. I'd ask to be involved in the hiring process (ask hoa for a recommendation and use yelp or google reviews to find a good plumber and handyman to repair the drywall. This is a two day job max. My handyman did it in one day.

  • Business Consultant at BiggerPockets · Kremmling, CO · Member since 2022 · 4 posts · 1 vote
    3y

    Thanks to everyone for your responses! I appreciate all the feedback. I'm going to be trying to get insurance involved before we do any more demolition. 

  • Investor · Houston · Member since 2022 · 80 posts · 44 votes
    3y

    Also reach out to the Condo HOA, they can be helpful as they know the plumbing design and can recommend a plumber that has worked that particular building/leak.

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