Plumbing Problem, due to developer error

Started by KimM8 • 6 replies • 1287 views

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KimM8 (California)
Posts: 109

Posted:

Hi All!

We live in a 160 unit condo. The unit below us has been vacant for over a year and a half and is in foreclosure. Two days ago we started to hear a funny noise in the wall from the plumbing. A realtor was on site and my husband spoke to them. They first said the toilet was running in the unit below and then called a plumber. Today they then informed us that there is water damage to the roof of the unit below us coming from our master bathroom.

My husband called our association manager and told him the issue. He said it sounds like a similar issue several other units have had. He said when the showers were installed the developer installed the plumbing upside down in some units cause this exact problem. He then said we have to pay $115 to have a plumber come out to fix it. He didn’t mention anything about paying to repair any damage to the unit below. We will be asking him this tomorrow, as he left for the day.

We are currently in a lawsuit with the developer for several maintenance issues (if that’s the right term). He said we should find out about getting reimbursed any costs if/when we win the lawsuit.

This doesn’t seem fair. I also don’t want to be responsible for a lot of damage to the unit below when if the problem was caught early enough could have substantially decreased the cost to fix any damage.

Any suggestions? What are our options, if any? Thanks so much!!!

Kim

GlenL (Ohio)
Posts: 5,491

Posted:

Get all of the facts and contact your attorney about amending your lawsuit.

Studies show that 5 out of 4 people have problems with fractions

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Go to an open Board meeting with WRITTEN concerns. Submit these concerns to the Board and state you want them made part of the record, and make sure they are made part of the meeting.

Once you establish your legal concerns with board, you should ask the Board to release a position statement from the HOA lawyer concerning the law suit.
Then volunteer your services to help in any way to expidite the resolution of the problem.

If your total cost to fix your plumbing problem is $115.00, do it and get a signed receipt. As far as damages go, I would suggest that issue would be part of the Big Picture concerning the law suit.

I do not see where correcting your known problem should be a concern in this. If you elect not to fix the problem for what ever reason and further damage occurs, you would be liable I believe. IMHO

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your association manager KNEW of a possible defect of this magnitude and the board did not inform the homeowners??

Shame on them.

Just think how much money it would have saved if they just encouraged people do some preventive measures.

I'd be P.O ed, royally.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kim,

I don't live in a condo so my thinking may be wrong, but I seem to recall reading that in most condos the HOA is resp. for all plumbing. Do you doc specifically say the h/o is resp. for the plumbing?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Mary,
I, living in a condo have a little different understanding and also we have to remember the responsibility of owners and management can, to some extent, be changed of defined by different covenants and amendments. A lot of these supposedly cut and dried lines are not drawn in stone.

Our covenants have been described for this issue as any utility features such as water supply and drain lines. The owner is responsible for supply or drain lines contained inside the unit, inside or outside the common areas terminating at the couplings where the main water and drain lines branch off from the main supply and drain line. That means, for us, in the garage (common area).

I have large problems with this but that is the decree of the Board. I suspect this is fairly common. Just as the responsibility for window replacement rest with the owner.here as, at one time, the windows and doors were the regimes responsibility.

Looking at it long term, if you make the responsibility rest with the regime then all owners are going to have to pay for all these things over time. If you make them individual responsibilities then only the effected will pay.

BUT, in this case, there is the LARGE question of: Is this a developer/builder responsibility.

MaryA1 (Arizona)
Posts: 7,043

Posted:

This issue could be a problem for the developer especialy if many units have the same problem. Then the HOA should perhaps consider construction defect litigation. If it's a problem with only one or two units, those members may contact the builder for resolution depending upon how old the unit is. There may be a different warranty period for the two. But, in either these cases, it wouldn't matter who was resp. for maintaining the plumbing.

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