QUESTION
Who's responsible for a leaky pipe on inside common wall of a condo?
Asked on Jun 09th, 2016 on Contracts - Florida
More details to this question:
My son lives on the 3 floor of a 1986 condo. They recently found a pinhole leak that came from my son pipe which also connects to the vertical pipe in the common wall. Leak ran down to the lobby. My son nor units below had leaks inside their units. The bill is $875 the Assoc. say it's the unit owner responsibility. They sent him this part of the CC&R - Each unit owner shall not own the undecorated or unfinished surfaces of the perimeter walls,floors,& ceilings surrounding his unit, nor shall he own pipes, wire,conduits or other utility lines running through his unit which are utilized for or server more than 1 unit, which items are hereby made a part of the Common Elements. Owner, however, shall own the walls and partitions which are contained within his unit and inner decorated or finished surfaces of the perimeter wall, floor &ceiling including plaster, paint, & wallpaper. Can you please point where it says it's the unit owner responsibility? I don't see it.
1 ANSWER
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I would certainly need to spend some time with the CC&R for the COA, but from what you have listed, I'd say it is certainly arguable that it is the condo association's responsibility. In my experience fighting Condo Associations in FL, they very rarely start with accepting responsibility. From what you have listed in teh question description, I think you have a good argument that it is the COA's responsibility. That said, it may be worth your time to have an attorney review the situation in detail and discuss your options. Ultimately, and unfortunately, with $875 in dispute, it may come down to a cost-benefit analysis as to how far you want to take the fight.
Answered on Jun 10th, 2016 at 6:57 AM