Neighbor Refuses to Fix Continued Toilet Leak into Our Condo

[BobbieO]

My question involves a condominium located in the State of Pennsylvania.

We own a condo that we rent to tenants. The unit above ours is also rented out. There has been an on-again, off-again leak from their toilet through our ceiling for almost a year. We had the ceiling repaired once last fall when they said a plumber confirmed their toilet was not leaking (and the leaking had stopped at that point). Now, since mid-May, the lead has started up again and the plate-sized wet area in our ceiling has covered with black mold that will not go away even with cleaning. The condo association tells me that the condo rules dictate that issues like this must be resolved between unit owners. My insurance company won't touch it because it has been an ongoing problem and it involves mold. We had the ceiling opened up by a certified master plumber who wrote a statement verifying that it was a waste leak coming from the unit above's toilet when it flushed. The unit owner will not respond to our requests that they fix the leak. We cannot repair our ceiling until they stop the leak. In the meantime, our tenants are living with a bucket in their bathroom, a hole in the ceiling, and mold. In addition, there must be mold in the space between our unit and the unit above us. Is there anything we can do?

[SChinFChin]

Why don't you find out from your town who's in charge of "housing code violations", as this is what it appears to be?? He could be hit with code violations, depending on how agressive code enforcement is.