who should pay?

Old 09-23-03, 09:57 AM
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who should pay?


If the owner of the second story condo has a leak that leaked into the ceiling of the condo owner's ceiling below, it is the above condo's responsibility to pay and have the leak fixed. But if the owner of the condo put a whole in the ceiling below to find out where the leak was coming from, (with the agreement of the above condo's owners), who should pay for that whole in the ceiling? Should it be paid for by the person above, or the person below? Should the condo owner go through their insurance to pay for it, or should the person with the leak pay for it?

Old 09-23-03, 05:00 PM
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I don't know all the ins and outs of condo agreements but it might be spelled out in the condo covenants. Otherwise I think the owner of the unit with the hole should make a claim against his insurance then let the respective insurance companies settle it.
The amount to fix the hole is probabaly less than the deductibles for either policy. If being a good neighbor is part of your nature you can fix it yourself and save all the headaches. There are plenty of posts here about fixing holes in drywall.
Old 09-23-03, 06:39 PM
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who pays

The one who had the leak pays for all. Hope you're not the top condo!!!
Old 09-24-03, 04:19 AM
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I'd agree, the person with the leak is responsible for fixing any damage caused by the leak & the repair.
Old 09-24-03, 12:09 PM
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Thank you for your replies.

Thank you all for your replies. I thought the person who has the leak should be the one who pays for the ceiling repair downstairs too.

I am the owner of the upstairs place. Unfortunately, the other person who owns the place with me thinks the below owners insurance should pay for it.

This has caused a few arguments between us. But I am taking the bull by the horns and going to have it repaired.
Old 09-25-03, 08:36 AM
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What leaked? Plumbing pipes in the structure are not owned by the unit. If the tub caulking leaked or a sink overflowed it would be the unit owners responsability. If a drain line or supply line has a leak they are normally common property and the unit owner is not responsable. The condo board has insurance for common elements.

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