Water Damage from Condo Above

[Willie44]

My question involves a condominium located in the State of: Georgia

The condo above mine had a water leak around the bathtub drain. The owner of that unit called the property managment and they said that the damage to my ceiling was my responsibility according to Georgia Condo Law. I haven't been able to find that information. Does anyone know if this is true?

[peppermintpatty]

Why don't you ask property mangement which law they are referring to? Tell them to quote the law to you. Do this in writing.

After you get the information, and if you can't find it yourself, call your local library. They should be able to either direct you or provide you with the information.

[SChinFChin]

A very strange answer.

If it's a condo, there should be a CC&R that addresses this. Leakages of this type is quite common. I owned 3 family houses, and I can't tell you how many times I repaired ceilings and bathrooms the floor below a leak.

In addition, I've lived in and owned quite a few condo's where such leaks are the responsibility of the HOA. My mom in law had her bathroom redone last year by the COOP board, which has the same rules as the HOA's. My sister who lived in a condo had her HOA do a repair, because pipes inside her walls leaked, causing damage to the unit below.

In all of these, it's because the areas inside the ceiling and walls are considered common areas and not the responsibility of the owner either above it or below it.

Indeed, in the first condo I owned and lived in, there were numerous meetings on leaks from the roof, the owners on the top floor wanted the HOA to fix it, and the meetings was to determine how much to assess each owner to first get it fixed, and then go after the developer. At no time did anyone point a finger at those top floor condo owners and say "I'm not paying for this repair, the law says you have to fix it because the leak is right above you".

The law is based on the CC&R of the condo, which clearly states that the owners on the top floor is not responsible for anything that is beyond their walls, and ceilings, which is the case for every condo owner in the place. CC&R's normally state that owners are responsible for areas up to their interior walls, ceilings. and floor.

Inside the walls, between floors, outside roofs, exterior walls etc., are the HOA's responsibility, normally.

[peppermintpatty]

It's not a strange answer at all. I was addressing his concern that he had not been able to find the information he wanted. I do not know Georgia condo law so I couldn't tell him where to go and I gave him avenues to try to get the information.

And in reply to your concern, each state is different and each state has different rules. The info he wants does not necessarily have to be covered in the documents that he has. They weren't thoroughly addressed in our docs and I live in Forida. We had to go to an attorney for a directive and it is a very fine line we have to tow here in Florida.

[SChinFChin]

Looking at what I wrote, I didn't mean you gave a strange answer, I meant the "management company" gave a strange answer. I got into a bad habit of not highlighting what I'm responding to.

Checking the state condo law, and then going back to the CC&R seems like a backwards ways of doing things, though. It seems one should check the CC&R first, see what it says, then check the state laws afterwards.

And the CC&R should be checked before one even one buys the condo insurance, or even buying the condo in the first place. At least I would know what I own, and then I know what I'm responsible for.

I haven't handled condo affairs for a while, but I seem to recall my agent telling me about exclusions in my insurance, which includes plumbing inside the walls.

And then, only by looking through CC&R's, and bylaws can anyone suggest changes to the HOA. As a condo owner, I certainly wouldn't want to buy into a place where I am responsible for leaks from upstairs, leaks from the roof, and if a problem arises, to check the state condo laws.

I had plumbing issues in condos, and I never yet had to send a plumber to fix a neighbors's problem, and be told it's because of the state condo law.