I have had a leak in the ceiling over my tub for years. I complained to the condo assoc but they did nothing (claiming that it wasn't a leak but instead was "steam from my shower"). At one point the super came up and poked a hole in the ceiling with his finger--which the condo assoc refused to repair. Finally, exasperated with the state of disrepair of the ceiling, I took it upon myself to make my own repairs. I hired contractors
who ended up having to entirely rip out the ceiling and walls, removing all the tile all the way down to the bricks and beams. In the process we discovered evidence of a long-term leak: one of the beams was damaged so severely that my contractor indicated the need for structural
repairs. The presence of mold was also noted. I relayed this to the association
and also to the resident in the unit above mine. The association's response was to send their own inspector who claimed that (1) there was no mold (even though he took NO samples), and (2) the association was NOT responsible for repairs to the beam--instead, "if the upstairs resident and myself want the beam repaired we will have to repair it ourselves" (?!?!?). Further, the association informed me that the upstairs resident would hire her own plumber to inspect her unit in terms of the leak. Now--my bathroom ceiling remained in an exposed state for almost three weeks. I texted the upstairs resident three times during this period in an attempt to get a confirmation regarding her success in hiring a plumber to address the leak situation. During this time period I received no response whatsoever. Yesterday, just as my contractors were arriving to install the tile, a flood of water came gushing out from the boards that the contractors had installed in the ceiling in preparation for their tile work. I proceeded to go upstairs with my contractor and knocked on the upstairs resident's door. I asked her if she had ever engaged a plumber; she said no, that "it had slipped her mind." I explained that I had water coming into my bathroom ceiling again. She said that she had just taken a shower, and said that we could come in and take a look. My contractor inspected the tub and said that it looked like the waste water pipe coming from her tub was faulty and had been leaking, and in fact may have been the original source of the initial leak. I advised the association of this, and stated that someone (either the resident or the association) needed to address this issue once and for all, before I finally closed up my ceiling. The association's response was that "plumbers have been called." Today some plumbers did come to my unit and performed work that they said was relevant to the leak. I asked them whether the part that was faulty was the domain of the upstairs resident or the association, and they replied that they could not say.
My question is: Who is at fault in this situation? There was a leak over my bathroom ceiling for a number of years that caused significant damage, damage that required me to totally repair and renovate my ceiling and walls, yet no one was motivated to make repairs until it was almost too late. The association was aware of this situation as far back as November 2014--yet neither they, nor the upstairs resident, took action--even when they so stated that they would do so.
I am now out a good deal of money for these repairs. I did receive some money from my homeowner
's insurance, however it does not cover the total cost of the repairs.
Is there any way for me to recover the remaining cost from the association and/or the upstairs resident?