I live on the second floor of a garden style
condo (not sure if this makes a difference or
last night, my downstairs neighbor had
informed me that there was a leak coming from
my unit into his. He had been traveling, so
the leak has been going on for a while and
his carpet was damaged. I had no clue there
was a leak since there are no signs or
damages to my unit at all. I'm not sure what
the extent of the damages are yet for the
downstairs unit. I'm waiting for the plumber
to come as we speak (who's 2 hours late
already), and I just wanted to get some more
information regarding what I would be
As I explained to the previous posters, depending on the location and nature of the leak it could be your responsibility to fix the leak. But, under the circumstances you describe, you would not be legally liable (under negligence law) for the ensuing damage to the unit below. You share the same lack of notice or knowledge as the previous posters.
I also assumed that this would be my
responsibility since that's what the condo
maintenance person and property manager had
They are the last people on earth that you should pay attention to.
I tooked through the insurance policies and
apparently I only have the condo master
insurance policy and I don't have individual
unit owners policy like I thought I did.
Unfortunate, but that's your own fault for not buying a unitowners policy when you bought the place.
Without your own liability insurance you might end up having to choose between paying a lawyer to defend you against a damage claim or just paying to repair the damage. Although if you get sued in small claims court you have the option of representing yourself.
From what I've been told,
Never rely on what you are "told" without seeing it in print.
I would be interested in finding out more
about what pipes may be the condo's
responsibility. What is the CC&R and
where can I get that information?
CC&Rs = Covenants, Conditions, and Restrictions
You should have gotten those before you even made an offer on the place, or made the receipt of same a condition of your purchase contract.
You can ask the HOA management for a copy or one of your neighbors for theirs so you can make a copy.