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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33738
Experience:  15 years real estate, Realtor. Landlord 26 years
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My shower pan leaked into the apt below, causing damage to

Customer Question

My shower pan leaked into the apt below, causing damage to her bathroom ceiling. I was told that she is responsible for fixing it and paying for repairs. Is this so?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Also, who is responsible for replacing the verticle durock on myshower wall? if it me or the condo assn?
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I hate to say it, but if it was your shower that leaked and caused the damage, since this is not a common element under the control of the HOA, then you are responsible for your repairs as well as the repairs of the downstairs tenant.

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When someone's personal property (i.e. the shower) damages another person's personal property (i.e. the ceiling) then they are responsible for the cost of any repairs. It is similar to a car wreck....if you back into someone else's car and dent their bumper, you are liable.

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Unless the HOA considers the shower a "common element" that they are responsible in the Bylaws for maintaining, (which is pretty unlikely) then you would bear your own costs for repairing your own shower. As a general rule, the HOA is only responsible for common elements like water lines in the walls that service multiple units. But you would need to review your Bylaws and CCRs to see if they might cover the shower as a common element just to make sure..

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thanks

Barrister

Customer: replied 1 year ago.
Is that Florida Real Estate law?
Expert:  Barrister replied 1 year ago.

Yes, this is under the general common law of tort liability that applies equally in any state. It wouldn't help customers much if they were being given information that wasn't applicable to their state.

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The only thing that would affect this is if your HOA specifically stated in its Bylaws that the shower was something that they were responsible for maintaining. But generally, anything inside the walls of an apartment or condo is the responsibility of the owner..

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thanks

Barrister

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