WATER DAMAGE TO NEIGHBORS BELOW

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Latest post 12-26-2011 10:28 PM by westinhill. 10 replies.
  • 10-21-2006 4:30 PM

    Question [=?] WATER DAMAGE TO NEIGHBORS BELOW

    PLEASE HELP ME:

    I live in a 2-story condo in Kendall. I am being sued by my neighbor downstairs for
    $5,000 worth of damages to their ceiling when my water heater bursted and water
    leaked down to their condo in the first floor. They do not have homeowners insurance and I do. Even though I have $100,000 liability coverage my insurance company refused to pay for my neighbor's damages because they found no
    negligence on my part; therefore stating that I am not liable for damages.

    Now I am confronted with a notice to appear for a pretrial conference/mediation
    and I have no idea how to handle this problem: No insurance/no representation/no money. My questions are:

    1) Isn't my insurance company supposed to step in and represent me now that I am being sued, even though they refused to pay for damages initially? I do not understand this concept of "no liability", yet someone can take me to court and sue me for
    for damages based on on their own estimates when to begin with my insurance refused to pay for damages saying that I am not liable? How can all the responsibility fall on me now when these people were so irresponsible leaving their property unprotected expecting me now to solve all their problems? How can the Law be so unfair and a judge make me be now the only responsible party?

    I am a 60 yrs. old, single woman, with a simple secreterial job as a source of
    income and nobody to help me out financially. I am worried to death and filled
    with stress with this situation when these people have filed a claim against me taking me to the poor house. I am afraid to be in court alone without anyone to represent me who knows the intricacies of the Law. I have no idea what I am
    going to be confronted with.

    2) Do I need to hire an attorney to be present at the pretrial to protect me? I am afraid that without legal help I am going to know how to defend myself. In the past I tried to solve this problem with my neighbors in good faith and an
    amicable manner, but they refused to allow me to enter their apt. when I offered to have my own contractors go in there to give me an estimate of
    damages. They went and got their own estimates and presented me with inflated ones to the tune of $5,000. It seems they want me to redo their whole apt. and take advantage of me.

    I have contacted FIGA (Florida Insurance Guarantee Association in Tallahasse), who is handling my old claim with Southern Family Insurance, who recently went bankrupt. Citizens Insurance took over my insurance, but they are
    not handling any claims prior to July 1, 2006, referring me to FIGA. My claim was closed by Southern Family, but I have requested FIGA to reopen it with the hope that they at least represent me in this civil suit. Is FIGA going to
    protect with legal representation or simply say that I am on my own now? Would they pay for damages now that I am being sued. This is all mind boggling to me.

    According to the LAW, who is the responsible party, why should I be the only one now responsible for this mess that it was not my fault, did not do anything deliberately to hurt anyone and was the responsible party who had insurance to begin with.

    Would you be so kind to to give me some suggestions on what to do and how to prepare myself for this ordeal?

    Thank you for your attention to this matter.
  • 10-21-2006 8:37 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    "1) Isn't my insurance company supposed to step in and represent me now that I am being sued, even though they refused to pay for damages initially?"

    Yes.

    "I do not understand this concept of "no liability", yet someone can take me to court and sue me for
    for damages based on on their own estimates when to begin with my insurance refused to pay for damages saying that I am not liable?"

    Simple. When your insurance company denies liability it is just the insurance company's opinion and often does not end the claim.

    When the claimant does not agree with your insurance company's opinion, the claimant has the option of suing you and asking a court to rule on whether you are liable.

    "How can all the responsibility fall on me now when these people were so irresponsible leaving their property unprotected expecting me now to solve all their problems?"

    One thing normally has nothing to do with the other. There are exceptions where comparative negligence arises but I doubt that it applies here.

    It was the water heater bursting that caused the damage, the majority of which occurred immediately. That the downstairs neighbor wasn't there did not contribute to the damage.

    But relax.

    Given that the burst was likely sudden and unforseen you will probably turn out not to be legally liable for the damage.

    "How can the Law be so unfair and a judge make me be now the only responsible party?"

    That's the way the law works. But you don't know yet if that's the way things will go.

    "I am a 60 yrs. old, single woman, with a simple secreterial job as a source of income and nobody to help me out financially."

    Interesting. I'm a 60 year old single man. Want to go out? Oh, that won't work. I'm in AZ.

    "2) Do I need to hire an attorney to be present at the pretrial to protect me? I am afraid that without legal help I am not going to know how to defend myself."

    You shouldn't have to hire your own attorney since you had liability insurance.

    "In the past I tried to solve this problem with my neighbors in good faith and an amicable manner, but they refused to allow me to enter their apt. when I offered to have my own contractors go in there to give me an estimate of damages."

    That was a bad idea. Don't do it again. It's almost like admitting it's your fault and can be used against you.

    "They went and got their own estimates and presented me with inflated ones to the tune of $5,000. It seems they want me to redo their whole apt. and take advantage of me."

    In court you get to dispute liability and the cost of the repairs.

    "I have contacted FIGA (Florida Insurance Guarantee Association in Tallahasse), who is handling my old claim with Southern Family Insurance, who recently went bankrupt. My claim was closed by Southern Family, but I have requested FIGA to reopen it with the hope that they at least represent me in this civil suit. Is FIGA going to protect with legal representation or simply say that I am on my own now?"

    They'd better. If they don't you'd be able to sue them. Do you have a name and phone number for FIGA's claim rep. You should try to deal with the same person all the time.

    I'd also suggest you send your court notices with a written letter to the FIGA rep. Don't rely just on phone calls.

    "Would they pay for damages now that I am being sued."

    Not necessarily. If the claim was deniable before the lawsuit, then it's defendable now.

    "This is all mind boggling to me."

    Then keep posting here for moral support. Florida was in my claims territory and I've handle many similar claims there.

    "According to the LAW, who is the responsible party, why should I be the only one now responsible for this mess that it was not my fault, did not do anything deliberately to hurt anyone and was the responsible party who had insurance to begin with."

    There's a lot of complex concepts in that question but negligence law does not require that you do anything to deliberately hurt anyone.

    However, it also does not expect you to prevent something when you have no idea that it could or is going to happen.

    Water heaters generally burst without warning so the ensuing water damage to other parties is generally not the fault of the owner of the water heater. Unfortunately, there could be exceptions. If a person walks by his water heater every day, sees rust and corrosion all over it, and ignores it, he could be held responsible for another party's damage.

    "Would you be so kind to to give me some suggestions on what to do and how to prepare myself for this ordeal?"

    1 - Keep working on FIGA to get them to respond. Call every day, twice a day if you have to.

    2 - Be aware of small claims court procedures, time limits, response requirements, etc.

    Here's links to Miami-Dade info:

    http://www.miami-dadeclerk.com/dadecoc/Small_Claims.asp

    http://www.miami-dadeclerk.com/dadecoc/Web-Forms/Small-Claims/881-Small-Claims-Brochure-04-06.pdf

    If you are located elsewhere get an information brochure from your small claims court or its website.


    What's the date of your pre-trial and what court is it in?
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-21-2006 10:21 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    Oh dear God, you are an angel of grace for responding so quickly and in such detailed manner! Thank you so much! I feel much better with all the info you gave me. Lack of knowledge and not being prepared drives me insane. Fear of the unknown and ignorance on the matter are the worst feelings in this case. Thank you for the links, I had previously done some reading about how Small Claims Court works. Thanks to this cybernetic world and all the nice people who volunteer to help out the layman/woman in these matters! I am very grateful to both, the people behind this screen first of all!

    "When the claimant does not agree with your insurance company's opinion, the claimant has the option of suing you and asking a court to rule on whether you are liable."

    Guess ultimately it is the judge's decision. I have a ton of documentation saved through these ordeal from the past months showing good faith that I have tried to solve the problem through my insurance co.; which on top of everything, Southern Family went bankrupt and now is FIGA handling it. This happened back in March, would you believe, and now is when I receive a notice to appear in Court. The date is November 15, Miami Circuit Court, Civil Division. Guess these people want to get a "free turkey" for Thanksgiving from me. LOL

    "That's the way the law works. But you don't know yet if that's the way things will go."

    Well, that stinks not knowing how a judge is going to decide, meaning, are his personal views who influence his decision or is there something written in the Law? To me, this situation with condos being so complex with people living above and below, plus the association problems to contend with, because these people want even sheet rock replaced, the whole popcorn ceiling scraped, the whole works and I wonder what is considered common elements. There should be a mandatory Law that says everyone, no exception, should have content homeowners insurance, just like automobile insurance. Then when something happens, the two insurance can battle each other.

    Well, when you come to Miami, you can visit me and we go out for a cup of coffee or a drink. Cubans, I am one, are very hospitable and friendly. Some people think we are also kind of crazy when it comes to politics LOL LOL Well, I am not one of those crazy hardliners. LOL LOL

    "That was a bad idea. Don't do it again. It's almost like admitting it's your fault and can be used against you."

    I did it under the advise of a friend lawyer who said that I should try to have proof that I was trying to solve the problem in good faith in the event I was sued, after the neighbors were angry and threatened me with taking me to Court. I told the neighbors that I was battling with my insurance company, but they got angry and did not want to hear it and began to threaten me. This has been a nightmare for months now!

    "In court you get to dispute liability and the cost of the repairs."

    How can I dispute cost if my adjustor did not even estimate costs when he inspected damages at my neighbors and I don't have my own because they did not allow me to go inside their apt. with my own contractors to get my own estimates? The estimates are only theirs. This is a merry-go-around.

    "They'd better. If they don't you'd be able to sue them. Do you have a name and phone number for FIGA's claim rep. You should try to deal with the same person all the time."

    It's been over a week they told me they will reopen my claim, as of yesterday (Friday), they still didn't have my claim reopend . Yes, I have the name of a person who took my original phone call and also her direct tel. ext. I was told to call back on Monday.

    "I'd also suggest you send your court notices with a written letter to the FIGA rep. Don't rely just on phone calls."

    Thank you, I had not thought about this, yes, I know, everything should be in writing, particularly to have all that documentation to present it in Court.

    "Not necessarily. If the claim was deniable before the lawsuit, then it's defendable now."

    Meaning, the insurance co. will still deny payment, but the judge would say I have to pay if he wishes to do so?

    "There's a lot of complex concepts in that question but negligence law does not require that you do anything to deliberately hurt anyone."

    Therefore, since there are a lot of complex concepts, including "the moral aspects", I presume the judge will look at that, NO? Then that's why is asinine that there is no mandatory Law for each condo owner to have insurance. Wouldn't that make life so much simpler and just for everyone? I believe one should take responsibility and realize that there are risks in life, just as when you get behind the wheel; therefore it's seems preposterous that people who are irresponsible to begin with have the nerve to sue. In this country people are allowed to sue their own mothers. Boy! Everyone thrives on sueing everyone here and the lawyers get richer and richer and we get poorer and poorer! It sounds like one should be negligent, then I would be liable, consequently the insurance would have paid. So everybody, listen now, let your water heater rust to death so that your insurance pays! LOL

    Pretrial date: November 15, Miami-Dade Circuit Court, Civil Division. Maybe the judge will throw away the key and I will spend my Thanksgiving as a prisoner in Miami-Dade County Jail. LOL LOL LOL
  • 10-22-2006 12:20 AM In reply to

    If I were you, I'd accept Jack's offer of a date.

    Not that it is any business of mine.
  • 10-22-2006 2:28 AM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    "I have a ton of documentation saved through these ordeal from the past months showing good faith that I have tried to solve the problem through my insurance co."

    That's OK but, for future reference, not necessary. All you actually had to do is tell the neighbor you weren't responsible and cease communicating with them.

    They have to prove you were responsible for the damage.

    "are his personal views who influence his decision or is there something written in the Law?"

    The judge's personal views don't (or shouldn't) influence the decision. The decision is (or should be) based on the concepts of negligence.

    Here's a link to some basic information about negligence law.

    http://en.wikipedia.org/wiki/Negligence

    "these people want even sheet rock replaced, the whole popcorn ceiling scraped, the whole works"

    Actually, that kind of damage is quite normal when a water heater cuts loose and 30 or 40 gallons of water finds its way into walls and ceiling. Believe me, I've handled claims where the repair cost is 10 times that amount from a water heater.

    "and I wonder what is considered common elements."

    Check your CC&Rs. You'll find several paragraphs, probably up towards the front of the document, definining the dividing lines between unit and common areas.

    Drywall, texturing, and paint are often defined as part of the unit. I've read quite a few CC&Rs for condo claims like yours.

    "There should be a mandatory Law that says everyone, no exception, should have content homeowners insurance"

    Trust me, that's not going to happen.

    Besides, there's mandatory auto insurance laws but 25% of all drivers are uninsured.

    "Then when something happens, the two insurance can battle each other."

    It often ends up that way but the policyholders still end up in the middle of the hassle.

    "I did it under the advise of a friend lawyer who said that I should try to have proof that I was trying to solve the problem in good faith in the event I was sued,"

    Before I comment on that I'd like to know what kind of lawyer your friend is.

    "after the neighbors were angry and threatened me with taking me to Court. I told the neighbors that I was battling with my insurance company, but they got angry and did not want to hear it and began to threaten me."

    Exactly when you should have just stopped talking to them.

    "How can I dispute cost if my adjustor did not even estimate costs when he inspected damages at my neighbors and I don't have my own because they did not allow me to go inside their apt. with my own contractors to get my own estimates? The estimates are only theirs."

    The plaintiffs will have to prove two things in court.

    The first is that you were negligent and that's going to be tough because the cause was sudden and unforseen.

    The second is that the estimated repair costs are legitimate. Your insurance company will have an expert review their photos and estimate if it comes to that.

    "Meaning, the insurance co. will still deny payment, but the judge would say I have to pay if he wishes to do so?"

    The correct way to say that is that the insurance company will defend and the judge will decide whether you were negligent or not.

    "Therefore, since there are a lot of complex concepts, including "the moral aspects", I presume the judge will look at that, NO?"

    No, "the moral aspects" have nothing to do with it. I have had many policyholders tell me they felt morally responsible for somebody else's damage even though they weren't legally responsible. They quickly come down off the moral high ground when I tell them they can pay for it out of their own pockets. The insurance only pays if you are legally responsible.

    "So everybody, listen now, let your water heater rust to death so that your insurance pays!"

    Not a good idea. Then the insurance company would drop you and you'd have to pay more for high risk insurance.

    "Maybe the judge will throw away the key and I will spend my Thanksgiving as a prisoner in Miami-Dade County Jail."

    No, nobody goes to jail for these things. You'll have to cook your own turkey.

    "Well, when you come to Miami, you can visit me and we go out for a cup of coffee or a drink. Cubans, I am one, are very hospitable and friendly."

    Thanks, I'll keep that in mind.

    Post again after you've talked to the FIGA rep. Enjoy the rest of your weekend.



    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-22-2006 12:39 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    Jack has offered scholarly advise.

    I could only add a housekeeping suggestion that you arrange for timely transfer of the suit papers to the insurer. If the office address of the adjuster is local, consider personal delivery. Otherwise, use a trackable courier such as FedEX, certified mail, etc. and mail the ORIGINAL suit documents ( of course after keeping copies) to the FIGA Claims Dept.

    I recognize that this whole situation is upsetting to you. Please find comfort that you have paid your insurer to do the worrying for you. The fact that you attempted to resolve the dispute has no legal signifigance toward the underlying case.

    No one at this board can opine as to the potential finding of the judge. What we can assure is that
    the FIGA should bear the financial burden of any potential adverse judgement.

    Do to the relatively "small upside" of your case, the insurer might ask you to appear in your own behalf for the Small Claims trial. Sometimes the insurer is confident that you will prevail, and will reserve the option of hiring counsel to novate (appeal) the judgement only if it goes against you. If you do not feel comfortable appearing in court by yourself, make that fact known to the adjuster.

    Again, feel reassured that your financial risks from the occurance are fully insured. Uncertainty and sympathy should be reserved for downstairs neighbor.

  • 10-22-2006 1:56 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    This condo was built by Lennar. I have both the original ones and the association's ByLaws. Very vague, ambiguous and difficult to understand.

    My friend lawyer is not a litigation or an insurance lawyer, various areas of corporate law.

    First thing tomorrow morning I am calling FIGA and get a copy of the Court Notice in the mail along with a cover letter. Hopefully by tomorrow they have obtained the records and reopened my claim. I am dying to se what they have to say about defending me in Court. I really would feel much better if I have someone with me with the exact knowledge how to present my case in Court.

    Combined with the water heater leak, there is also a leak suppossedly stemming from my bathtub into their bathroom ceiling below. This is another issue that will be brought up in Court at the same time. I have no idea unless I hire a plumber and tears their ceiling where that leak is coming from. The association claims is not their problem, yet we don't know if that's leaking due to piping that is the association's responsibility to solve. This people claim they have mold in their bathroom ceiling on account of my bathtub. Well, if they have not let me in their apt. with my plumber, how in the world am I going to find out whose it is. I notified the association, but they don't want to consider it being their problem. One time the association sent their plumber in there, but I could never get a receipt or records of what they found. They claim they have no records to date. The neighbors claim is my fault and refuse to tell me what the association's plumber told them when he was in there.

    Also, when the water heater burst in the middle of the night and water began leaking downstairs, the condo security was driving by doing their rounds iand heard my neighbors' yelling at me. BTW, they were heavily intoxicated that night and the security was concerned for my safety, telling me to stay away from them. They then called the association plumber, who tore up holes in one of my walls and my neighbors trying to find leaks inside the main pipes unrelated to my water heater. Since I have a $1,000 deductible, my insurance did not cover my damages to the wall either. All I received from my insurance co. $190 after estimates of damages. I ended up paying $600.00 between a new WH, removal of the old one and installation of the new one. Plus the $245 to the association.

    The neighbors claim the repair of the holes done by the association's plumber are mine responsibility. I had to pay $245 to the association for their plumber's services to come in the middle of the night to assess the situation. He proceeded to open holes without even checking my water heater, because he could not figure out where the water was coming from. Since the WH burst in the back, not until I called my own plumber the next day to come in and replace the old one, then it was when we were able to see the split in the seam of the back of my old WH.

    The thing was that when my water heater burst, I could hear water gushing from the back and seeping towards the back wall and down the union between the floor and the back wall of the WH/AC closet enclosure which is small. No water gushed forward or into my floors, it all went back. All I could hear was a flow of water and no one that night could figure out where it was coming from. Everyone was assuming that it might have been some piping inside the wall.

    Okay, I will post again after I talk to FIGA. Thanks a million for all your advise. I appreciate it tremendously. I learned a lot through your advise. God bless you!

  • 10-22-2006 4:59 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    You are getting a good insurance education here.

    "I have both the original ones and the association's ByLaws. Very vague, ambiguous and difficult to understand."

    True.

    "My friend lawyer is not a litigation or an insurance lawyer, various areas of corporate law."

    That explains why you got bad advice. Business people are expected to try to resolve disputes. Being accused of negligence is like being accused of a crime. You keep silent and it's up to the accuser to prove it.

    With regard to the bathroom leak:

    1 - The water and drain lines could be included in the definition of unit, or not. That's also in the condo documents.

    2 - The neighbor will also have to prove negligence. That will be tough. Once again, the bathroom leak is something they would have to prove that you had knowledge of and ignored. They also sink their own ship if they notify you and then prevent you from correcting the problem. Mold means it's ongoing which means that they could be the negligent ones in not getting the leak located from the getgo.

    With regard to paying for your own water heater: insurance covers the results of damage not the cause. In other words, the water heater was the cause of the damage, everything else was the result.

    And when your own property gets damaged by a covered cause you are always going to be out your deductible. 1000 deductibles are pretty standard these days and result in savings on the cost of insurance. You might talk to your current agent and see what the difference in price would be for a 250 or 500 deductible, if available, and decide if a lower deductible is worth the higher cost.

    You're probably stuck with the 245.00 to the association for their plumber regardless of the results. A fight with the HOA is something that would be a good idea to avoid.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-23-2006 10:44 AM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    Ashkicker:

    Thank you kindly for your advise which is very valuable and priceless to me.

    I have never been sued in my life and all these complexities of the legal system, insurance laws, etc. is very frightful and mind boggling to me. Of course, money is a big issue here because $5,000 to me is a tremendous burden that would take me to the poor house. Life is not getting easier for anyone these days. In further reading about Small Claims, I was appalled that the Plaintiff is entitled to garnish wages and even put a lien on my property if I were to come out a loser.

    The other side of this problem non relating to money is the psychologial and emotional aspects. Here are these people I considered and thought of them as my good neighbors, knowing each other for many yrs. all of a sudden becoming adversaries.

    It is a horrible feeling one experiences when my own neighbors are acting like my worst enemies. Maybe sueing was their only recourse in order to force my insurance to step in and I have to understand and accept that. But what is difficult for me to understand is the manner in which the approached me and went about it prior to sueing, yelling, screaming and threatening me with a suit, never speaking to me again, making me feel that I have deliberately done something wrong. The whole situation is so uncomfortable because each and every day when I arrive home from work, I feel that my neighbors are my own worst enemies.

    The irony of it all is that if the shoe was on the other foot:

    1) Since I have insurance, any damages to my property stemming from a neighbor's upstairs apt. would have been covered by it, never having to worry that my neighbors were uncovered.

    2) Hypotetically speaking, if I was not covered like it is my neighbor's situation, I would have never contemplated sueing my neighbor because I would have recognized my irresponsibility in not covering myself. I know this is easy to say being that I am not in my neighbor's predicament, but I sincerely mean it, I would have never have the heart and nerve to do so. Maybe I am wrong in my thinking.

    Thank you again for all the valuable information you've given me.
  • 10-27-2006 6:47 AM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    Hi Jack:

    You asked me to let you know what FIGA said. Good news! They contacted me yesterday saying the my claim is now reopened assigning an adjustor to it who requested I fax immediately the Notice to Appear and claim. She said that she is in the process of reviewing my file and will assign an attorney to my case who will defend me. Well, this is a great relief to me!

    She also said that at first glance, the file sent to her seem to have documentation only relating to my property damages and none of the documentation I had sent Southern Family relating to my neighbors threats of sueing months ago. I did not wait until she goes through the whole file and made copies of everything right away and sent everything I had via Fedex so she give it to the attorney.

    She also said that I might not have to appear in court, that the attorney will take care of it. I asked her if I will be able to speak to the attorney and ask questions. She said yes. I do not understand why, if I have a notice to appear in court that I am not compelled to be there. The notice clearly states that I must be present allowing me to be represented by an attorney. Anyhow, when I can speak directly to the attorney I will have the opportunity to ask many questions I have. I need to know what to do about the other portion of my neighbors claim relating to a leak my neighbors claim is stemming from my bathtub where they have water damage in their ceiling. This problem needs to be addressed and be taken care of regardless of the water heater damages.

    If it is indeed related to a pipe leak between the two units stemming from my end of it, I am willing to do good by them and hire my own plumber to go inside their unit to assess where in the world that leak is coming from. I still wonder if that leak is indeed stemming from piping that falls under what is considered common elements, meaning building piping, if it should be the association's responsibility. It is still not clear to me, in accordance with the Bylaws, what is considered common elements as far as piping is concerned. The only way that one can find out is by a plumber entering their apt. and tearing their ceiling, not by tearing my whole bathtub. These people are going to have to answer what they never wanted to give me a straight answer when some time ago a plumber from the association went in there and have supposedly fix it; yet the problem still persists. The association claims that they don't have any records of having been there in the past.

    In the past, they answered my friend lawyer's letter saying that I could send my own hired plumber/contractors for estimates with previous arrangements done by my lawyer, but that I could not enter their unit with them. Their reason for their refusal for me to enter was that I had accused them of being belligerant towards me.

    Not once, not ever, I was nasty or belligerant towards them through this whole ordeal. They came knocking at my door yelling and screaming at me, bullying me, gesticulating and threatening me saying exactly: "Answer me now, are you going to pay or not? If you are not we will sue you, get yourself a lawyer! See you in court! If I have to hire my own plumber I think that I should have the right to be present to be a witness of what's going on.

    When people take an adversary, belligerant stand from the start, that makes the situation very difficult and much more complex to deal with. I don't trust them, that's one of my main problems to deal with. They appear to me devious and uncooperative, reluctant to give me straight answers as if withholding something that makes me very suspicious of their intent.

    Guess I am going to have to ask the attorney from FIGA how to handle this problem of the bathroom leak, because I do want to take care of it if it is my problem. I am a responsible individual who tries to be fair and just facing my responsibilities. For my own peace of mind and living in peace with these people, I need to find closure to this ordeal because I don't want to keep on living forever wondering what in the world is wrong in those pipings that could bring further damages to anyone.

    I live constantly in fear because I live above them. Anything that goes wrong in the future with leaks puts me at a disadavantage, particularly when I know this people have no insurance. It seems that they will always be expecting me to pay every time something goes wrong just because I live above them while they do not want to invest in covering themselves with insurance. As the building gets older, no one knows what could go wrong with old piping.

    Sorry for being such a broken record but I am sick with dealing with these people who refuse to act in a civilized manner.
  • 12-26-2011 10:28 PM In reply to

    re: WATER DAMAGE TO NEIGHBORS BELOW

    This has been quite an interesting post! So.... what was the verdict?

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