Water leak. Who is responsible?

5 Replies

I have a condo rented on the second floor of three story building and the lady downstairs came to my tenant yesterday and said the water is leaking from the light fixture. She suspects the water is coming from the bathtub of my condo. She called HOA and they didn't wanna do anything. I am meeting with the lady today and will be calling HOA on Monday. I don't know the HOA rule on this so I was wondering who is the responsible party here? Thank you for your time.

Typically, if the leak is coming from a "common area plumbing source", ie. the drain pipe in between your floor and the ceiling below, it will be an association reonsibility.  On the other hand, if your supply valve/hose breaks underneath your sink, or your tub overflows, it's the units owner's responsibility.

@Mohammed Mellity - Every community/HOA is different. If the HOA is not responsible for covering it - you may be on the hook.

If the leak came from your pipes - it's only right for you to fix the damage to the 1st floor unit. 

If you have an overflow or if a pipe in your apartment is leaking its your responsibility and its your or your insurance that pays.  It usually is your fault and your responsibility.  The last time i had a leak from a light fixture it was from my upstairs neighbors tub overflowing

Thanks everyone for the comments. I appreciate it.

@Mohammed Mellity it's pretty simple, it's either coming from your plumbing (tub drain, toilet wax ring) or it's leaking at a joint of some common pipe. The former is going to be your responsibility, and the latter the HOAs. If it's coming from you, be prepared if the person on first floor contacts the HOA and they come in to fix it. They'll cut out drywall in her unit, to access plumbing underneath your unit, come upstairs and repair your problem (if need be) then seal up her ceiling, patch and prime, then send you the bill! It won't be a $50 bill, but it's all up to your HOA and how they handle things and what they charge, and who's pipe are leaking. Good luvk

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