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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
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Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
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Customer Question

My daughter owns a condo located in a brownstone in Chelsea Mass. There are 2 other owners. The first floor owner has had a flooding issue in his lower level, and after 3 other flooding incidents, he feels and wants the other 2 owners to help pay the damages. The water is coming in from the ground up. What are the other 2 owners responsibilities? They do have an association, but the funds are there for insureance, taxes and maintaince.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 5 years ago.
The water is coming in from the ground up. What are the other 2 owners responsibilities? They do have an association, but the funds are there for insurance, taxes and maintaince.

The other owners are only responsible if they are causing the flooding to the first level owner. If the flooding is due to the internal plumbing then liability would belong on the owner of the plumbing. Ownership would depend on what the association bylaws provide regarding the plumbing. In general the association is only responsible for the maintenance of the common areas such as the yards, common public hall ways, things accessible to the public and not the internal plumbing. So the key point here would be to review the by laws and other governing documents to see how is the owner of the plumbing and therefore responsible.



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Customer: replied 5 years ago.
In my original post I did not mention plumbing, as that is not the issue. The first floor pwner has had several floods in his lower level due to water seeping in from the ground. Because of heavy snow, and some rain over the past couple of weeks his lower level has again flooded.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Yes, I understand you did not mention plumbing, I was using that as an example and should have made myself clear.

The answer remains the same. We need to find out the source of the flooding (even if coming from the ground up). The other owners would not be responsible to this one owner unless the source of the flooding is coming from their property (hope this makes sense). The association is not liable unless their governing documents say they are also responsible for flooding or control/own what is causing the flooding.

If the flooding is caused by the weather only (again need to find out the source) then the one owner is solely responsible.

Hope this clears up things.



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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Attorney & Mediator and 4 other Real Estate Law Specialists are ready to help you