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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have had damage caused to my codo by an unknown source. It

Customer Question

Hello. I have had damage caused to my codo by an unknown source. It came from above me, that has been confirmed. The management has done no investigation other than get the air conditioning company to check the airconditioner above me....They say they did not cause the damage. There was too much water to be from an air conditioner.
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: I was told by my property management company that I am responsible for my replacement of my floors as per our by laws this is in ontario canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: They have not investigated the source of the water and say the matter is dealt with...they are negligent in dealing with an investigation
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanks
Submitted: 1 month ago.
Category: Canada Law
Expert:  PaulmoJD replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have confirmed the above unit is where your damaged came from, then you have a right to sue not only the owner of the upper unit, but the condo association as well. The issue here is that both of them can be liable for the damage, depending on your association bylaws and where the specific leak is located (between the floor or above the floor in the upper unit). If the leak is located under the floor of the upper unit, it would be the associations issue (generally depending on the bylaws) and if it is above the floor then the unit owner would be liable.
So you need to get your own workers in there at this point and do your own investigation into the damage and make the repairs and if the association, unit owner or your insurer will not cover the damages, then you file suit against them for reimbursement.
Expert:  Legal Ease replied 1 month ago.

The question has just been moved to the Canada law list.

I am a lawyer in Ontario and happy to assist you.

I am sorry to hear that this has happened to you.

Is there another unit above?

Expert:  Legal Ease replied 1 month ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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