In just about every case that we see, if the leaking pipe is one that serves more than one unit then it would appear that it is commonly owned. In that case the association would be responsible for repairs and look to the insurance companies (yours and theirs)for coverage. Check your documents though.
You definitely need to consult your documents. Typically, this is found in the part typically called the Master Deed or the CCR's (Covenants, Conditions and Restrictions). There should be a listing of General Common Elements and Limited Common Elements, and then another titled responsibilities. The responsibilities section determines who is primary or responsible for those items. There is no specific rule. I've seen documents where the Association does the repair but bills the individual units affected. I've seen ones where pipes are a general common element, but any pipes that service only one unit are the responsibility of the homeowner.
Often, the best thing to do is see if your community has a responsibility matrix. I also urge that if you cannot get an answer, get it fixed and request reimbursement, documenting everything in case you need to have legal assistance, if it is not your responsibility.
Check the statutes at 718.111(11) and ofcourse also your docs.
This damage can fall under:
1. wear and tear to the building components.
2. an act of negligence or intentional misconduct that causes damage to the property; or
3. a casualty loss, which is a sudden fortuitious event which causes damage, such as fire, hurricane or other sudden event which is not attributed to either of the first two causes of damage.
Why does one board member always try to act like the "In Charge" of everything and act like they are the ones that call all of the shots?
If that person says this is what gets fixed, this is what gets fixed! We the tenets are tired of that persons rulings and yet we can't make all the tenets see this. They get scared and back off. What is the hold this person has on being the association BULLY?
In order to vote all of them out. What is the percentage in a small association of 15?
Regarding the water leak into a condo unit. I have a key question regarding responsibility for repairs.
According to F.S. 718 the condo is responsible for the repair of ALL the drywall damage and the condo owner is responsible for the repair of the inside of the unit (curtains, cabinets, rugs, etc.).
My question is: Which one supercedes; the condo docs or the FS 718 when they differ in repair responsibility?
RECENTLY, I SOLD MY CONDO UNIT HERE IN MASSACHUSETTS. I HAD THE LUXURY OF HAVING SAT ON THE BOARD FOR 2 TERMS. WE DEALT WITH SIMILAR SITUATIONS DURING MY TENURE. IN OUR BUILDING, THIS PIPE WOULD BE CONSIDERED THE RESPONSIBILITY OF THE ASSOCIATION SINCE IT APPEARS TO RUN THROUGH THE COMMON ELEMENTS. TYPICALLY, UNIT BOUNDARIES END AT THE WALLS, CELILING, DOORS, FLOOR, AND WINDOWS.
PLEASE FAMILIARIZE YOUR SELF WITH YOUR CONDO DOCUMENTS; THEY ARE GENERALLY BROKEN UP INTO SEVERAL SECTIONS. ONE SECTION DETAILS THE RULES AND REGULATIONS. THE NEXT SECTION DEFINES THE LAWS OF YOUR ASSOCIATION COMMONLY KNOWN AS THE DECLARATION OF TRUST. ANOTHER SECTION, WHICH YOU MIGHT BE INTERESTED IN, IS CALLED THE MASTER DEED. THIS SECTION IS COMPLETE WITH PERTINENT INFORMATION REGARDING THE LAND, BUILDING AND UNITS OF YOUR ASSOCIATION. THIS IS WHERE YOU ARE LIKELY TO FIND ANSWERS TO YOUR QUESTION.
ALSO, I WOULD STRONGLY SUGGEST YOU CONTACT THE BOARD OF TRUSTEES. IGNORED WATER LEAKS LEAD TO MAJOR PROBLEMS IF THEY ARE NOT DEALT WITH PROMPTLY.
If the condo association is responsible for the repair of pipes, the documents clearly state. They also state the condo owner is responsible for interior walls. Who is responsible for wall repairs to get to the pipes? Who is responsible if you must open a wall in another unit to do the pipe repairs?
My question is about a water leak around the complete condo parkade. All the posts and walls have been leaking for 4 yrs. I want to ask if this is the associations responsibility. The builders apparently used inferior materials knowingly. The never followed the blueprints to spec.
Is there anyone who could give me info about their experience if similar, if so pass this email on.