How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33721
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

We have repeated water leaks from the condo directly above

Customer Question

We have repeated water leaks from the condo directly above ours. The offending condo resident refuses to allow anyone to enter their condo to determine the source of the leak. And take corrective action. The condo is located in Occoquan Ridge, Woodbridge.
HOA management have washed their hands off this matter - stating it is not their Policy to get involved.And that it is a matter to be resolved between condo owners. We even called the Fire Dept during a leak. But the resident refused to even grant them entry. It is extremely frustrating. Our kitchen ceiling is about to collapse with the repeated soaking and will have to be replaced. The Fire Dept. informally told us that the HOA should resolve the matter and File a Lien against the offending condo owner for costs.
By the way, we own condos in two other Condo complexes and they take immediate and Urgent action using their spare keys or locksmith if the resident failed to keep a spare key with HOA office per HOA regulations. WE NEED HELP FAST. THANK YOU.
Ignatius & Severina Dsouza
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I am sorry to hear that you are having these problems, but if your HOA Board isn't willing to take action, then you are left with suing the neighbor upstairs for "private nuisance" and property damage. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

.

So this is clearly a nuisance and you can sue the upstairs owner for damages and an injunctive order from a judge forcing them to allow entry into their property to find the source of the leak and abate it. But if you were to have a contractor go through your ceiling, they would easily find the source of the leak...likely a water line or drain that has rusted through.

.

.

thanks

Barrister