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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36125
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own a condo in a rise building and I discovered water

Customer Question

I own a condo in a hi-rise building and I discovered water damage in my bathroom ceiling. I am being told by the condo association that the repair expense is my responsibility even tho the loss did not originate in my unit. It appears that the loss originated from the unit above. How do I resolve this issue? Email***@******.***
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Maryland
JA: Has any paperwork been filed?
Customer: Just a notice to the resident manager on 10/03/2016 and she closed the case.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The unit has been vacant fro some time and she claims that they do not have access to the unit above to investigate.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 3 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

It stands to reason that the water damage to the ceiling is a result of a pipe leak in the ceiling/adjacent wall, in which case the association would be liable for the damage, or it is the result of overflowing water in the bathroom above you, in which case it is the liability of the upstairs owner.

The fact that the unit may be vacant does not preclude the owner from being responsible and you may have to file a lawsuit against the upper neighbor as well as the association and leave it to them to argue in court which, as between them, is liable for the water damage to your unit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

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