Upstairs neighbor doesn't repair leak in condo, there's no way to stop the leak from my unit?

Question

There is major leak in my bathroom. Every time the neighbor above takes a shower, the dirty water showers in my bathroom too.

I have a plumber look at the problem from my unit. He was confident that the bad drain parts of the bathtub in the unit above is causing the leak. And only way to fix it is from the above unit.

I talked to the neighbor above for 3 times, left a letter, but no action has been taken, and leak is getting worse.

The owner above is NOT helpful at all. The HOA said it's a problem with the owner, can't do anything...What can I do now?

I really just want to get it fixed ASAP, because it's nasty...

Please give me advices.

Thank you.

Answer 1

The HOA has rules that it is failing to enforce. Sue the HOA and the owner.

Answer 2

I cant believe the HOA wont do anything.  I would contact the management assn if there is one.

Answer 3

The HOA is saying this is not their problem as they are (typically) responsible for the pipes between the walls but not the other units bathtub itself.  Technically they may be correct but they really should take an active role in this regardless.  I'd call them again and just tell them that you believe the pipes between the walls are the problem.  If they still won't send out a plumber (or do something), tell them that you will sue them for damages - and then do it.  You may well lose the suit but it sends  a message to them to get off their fat a**es in the future.

Still, this does not solve your problem (maybe).  If getting the HOA involved does not work you may want to get and pay a plumber yourself (you'll need access to the other unit so you'll have to clear with the other unit owner at least for access).  Then sue the other unit owner for the cost of the plumber.  This isn't optimal (and good luck next time you have a problem) but it may be the only way to get the problem fixed and eventually get the other unit owner to pay for it.

There is one more possibliity but I hesitate to mention (here come the thumbs down for me - but who cares).  You could cut a hole in the ceiling of your unit right by the bedroom of the guy above you.  Put a radio up there and leave the thing on all night long (go spend the night at a friends house).  Try to adjust the volume so it will bug the guy above you but won't be so loud as to bother other unit owners.  Once this guy is experiencing a bit of pain himself he may be more willing to help you out.  Still, this is kinda a last resort option (lol, but it worked for me once).

Anyhow, best luck whatever you do.

Answer 4

Call the health department and see if they have any suggestions.Thats just nasty,it has to be a health hazard.

Answer 5

As a compromise, ask to let your plumber go into the other unit and look at the shower.  If it is not the other unit's owner's problem then you agree to pay for the plumber.  If it is the other unit owner's problem then he will be responsible.

Either that or you need to get a lawyer - you can sue both the other unit owner and the HOA.  The other owner is responsible for damage and the HOA for failure to meet its fudiciary and maintenance responsibilities.   For example, the HOA's failure to assist you lowers the resale value of your condo and the resale value of other unit owners.