Pipe leak led to carpet damage

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Latest post Tue, Dec 13 2016 2:40 PM by ca19lawyer2. 7 replies.
  • Tue, Dec 13 2016 10:52 AM

    • ZR
      Consumer
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    Pipe leak led to carpet damage

    Dear community, 

    I wanted to inquire about a condo association issue I have encountered concerning a pipe leak into my condo.

    Problem: Water pooled under master bedroom carpeting after rain.  

    Issue identified: There was a main drankage pipe behind our master bedroom wall that was cracked and was leaking into our master bedroom floor. 

    Condo Association Action: Once I indentified the issue, the condo association paid for the pipe and dry wall repair.

    Outstanding issue:  The leak, which occurred every time it rained, caused extensive damage to the master bedroom carpet.  

    My issue here is that the condo will not pay for repairing/replacing the carpet.  My logic behind requesting that they fix this is simple:  they paid for the pipe damage, as it was a common element. The carpet damage is a consequence of the faulty common element. Aren't they responsble for repairing/replacing the carpet?  I am simply seeking restitution of the property as it was before the damage occurred.  

    We want them to replace the carpet with the something of exact value, not an upgrade of any sort. Thoughts welcome!

    Thanks! 

  • Tue, Dec 13 2016 11:13 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Pipe leak led to carpet damage

    Absent negligence to get it repaired, odds are association has zero responsibility for ,stuff inside your unit 

     

     

     



  • Tue, Dec 13 2016 11:56 AM In reply to

    Re: Pipe leak led to carpet damage

    ZR:
    Aren't they responsble for repairing/replacing the carpet?

    One would need to review the CC&Rs and other applicable documents in order to answer this.

     

    ZR:
    Thoughts welcome!

    Have you made a claim with your condo owner's insurance?  If not, why not?

  • Tue, Dec 13 2016 12:19 PM In reply to

    • ZR
      Consumer
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    Re: Pipe leak led to carpet damage

    To the first point: the section of my bylaws pertaining to this type of damage: "indicates that the Association is not responsible for the replacement or repair of walls, floors, and ceilings."

    My contention here is simple - if the bylaws says "not responsbile for walls"yet they still fixed our walls related to the drainage pipe damage, haven't they admitted fault by repairing the damage? Shouldn't their responsibility then extend to the damage caused to our carpets?  

    As to your second point - we called our homeowners insurance, mentioned the problem, and sought the insurance company's advice.  Their thoughts were rather jarring - they told us that if we made a claim for that this type of damage that it would most likely not be covered and just for putting in for the claim our homeowners insurance premiums would go up.  

  • Tue, Dec 13 2016 1:20 PM In reply to

    Re: Pipe leak led to carpet damage

    ZR:
    My contention here is simple - if the bylaws says "not responsbile for walls"yet they still fixed our walls related to the drainage pipe damage, haven't they admitted fault by repairing the damage?

    No.  And, even if it had made such an admission, it wouldn't be relevant.

     

    ZR:
    Shouldn't their responsibility then extend to the damage caused to our carpets?

    No, because of the provision you quoted.

    Just because the association paid for something that it might not be responsible for under the terms of the by-laws doesn't mean it has waived all protections under the by-laws.

  • Tue, Dec 13 2016 1:27 PM In reply to

    • ZR
      Consumer
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    • Joined on Tue, Dec 13 2016
    • DC
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    Re: Pipe leak led to carpet damage

    So, are you suggesting that appealing the association's decision with these arguments will not change the outcome? Is this not worth pursuing? 

  • Tue, Dec 13 2016 1:42 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Pipe leak led to carpet damage

    The bylaws say orher wise ...



  • Tue, Dec 13 2016 2:40 PM In reply to

    Re: Pipe leak led to carpet damage

    ZR:
    are you suggesting that appealing the association's decision with these arguments will not change the outcome?

    I don't know what "appealing" means in this context.  If you're asking about a lawsuit, I wouldn't venture an opinion about the outcome of any lawsuit without thoroughly reviewing the relevant documents and doing at least some cursory research regarding the applicable state law.

     

    ZR:
    Is this not worth pursuing?

    This question is basically the same as the prior question, except that it also involves consideration of the dollar amount at issue (which we don't know).

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