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HOA owner, common areas and a leaky situation. Who's responsible?

  
  
  
  
  
I live in a townhouse condo and I am currently having a plumbing issue. There is water falling from my kitchen ceiling. I hired a plumber and tested the pipes by turning all my water on but everything was fine. My neighbors used their water in their home and water started to leak from my kitchen ceiling. I called my HOA requesting plumbing schematics to verify that I am sharing pipes with my neighbor but of course no answer. So my questions are Who is responsible for the leak? Can HOA refuse to provide the schematics? How do i prove that the water is coming from my neighbors house?

Comments

Does each townhouse have a separate water bill? 
 
Just because you "turned on all of your water" and the leak did not occur really cannot eliminate your plumbing as a cause of the issue. 
 
If everyone has separate water bills, than in general, you would not share plumbing with your neighbors.  
 
However, if your townhouse is situated so that some of their plumbing goes through an easement in your unit, than that might be a possibility. 
 
You need to coordinate more with the other unit owner who you claim "shares" your plumbing. 
 
I recommend that a small portion of the affected ceiling area be removed, to directly inspect the pipes causing the problem. Once that is done, you should be able to trace them back to the other unit, or your own.
Posted @ Thursday, October 21, 2010 3:14 PM by Joyce Nord @ bestcondomanager.com
While I do not know for sure, I can give you my take on this from personal experience. The leak in your living room from your neighbor's pipes is probably water that is traveling along the pipe from their area and falling in yours. The leak, therefore, needs to be corrected by them. The HOA Association will not be responsible for your damage. It will have to go to your insurance company. If you make your neighbor aware of the leak in their pipes (in case they don't already know about it) and they refuse to fix it, then it can be charged to their insurance company by yours. At least here in NC that is what resulted from a similar situation with leaky pipes from my neighbor which ruined my carpeting.
Posted @ Thursday, October 21, 2010 3:17 PM by Sandi
In continuation of the response regarding "shared" plumbing lines, I seriously doubt that is your problem at all! I would speak to my neighbor first before pulling your ceiling apart to see if they are having a leak.
Posted @ Thursday, October 21, 2010 3:20 PM by Sandi
The individual stated it's in their kitchen ceiling. The way most properties line up in order to keep construction costs low, is that bathrooms or kitchens from other units are directly above or abut other owner's property. 
 
You will only be able to prove what is causing the problem by removing a portion of your affected ceiling and looking at what pipes are actually wet and leaking.
Posted @ Thursday, October 21, 2010 3:25 PM by Joyce @ bestcondomanager.com
That's what plumbers are for! They can determine the cause of the problem. If it's your problem, your insurance should handle it. If it is your neighbor's problem, their insurance should be responsible for all of it - including damage to your place and your plumber's bill. I've been in your shoes - twice!
Posted @ Friday, October 22, 2010 10:29 AM by c
Unless your plumber has x-ray vision, you're going to need to open the area up. Many plumbers do not want to be responsible for opening the area up when there is a question of who is responsible since they are not responsible to close it back up and could be seen as responsible for flipping the bill for doing so. 
 
If you want the situation resolved expediently, without having to argue with the Association for documents they may or may not have, just open the area up, and trace the pipes (with a plumber). If they are yours, you are responsible. 
 
As is often the case in homeownership, if you want something done right, you need to do it yourself.
Posted @ Friday, October 22, 2010 11:57 AM by Joyce Nord @ bestcondomanager.com
oUR CONDO PRESIDENT PICKED A FIGHT WITH HIS NEIGHBOR AND THEN USED OUR CONDO LAWYER AND OUR OWNERS MONEY TO LAUNCH INTO A THREAT OF A LAWSUIT. i DO NOT FEEL OUR FUNDS OF THE ASSOCIATION CAN BE USED TO FIGHT HIOS PERSONAL BATTLES ALTHOUGH THE BOARD VOTED TO ALLOW HIM TO DO IT. YOUR THOUGHTS
Posted @ Tuesday, November 02, 2010 3:16 PM by MARV BACHMAN
Can a Chairman make a motion or second a motion made
Posted @ Thursday, November 11, 2010 1:51 PM by Gary
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