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  1. #1
    Join Date
    Nov 2014
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    1

    Default Leak From an Old Bathtub Spout Caused Water Damage to Condo Unit Below

    My question involves a condominium located in the State of: Nevada. Also, I have no insurance and owe 120k on this Condo which is probably worth 80k now. Additionally I had some unplanned expenses this month and have no ability to pay more then a few hundred dollars if I am liable.

    Today my neighbor adjacent to me had his plumbing checked for leaks because the Condo directly below him had water damage to their bathroom ceiling. They couldn't find anything wrong with his plumbing (They tore into his wall and everything) so the plumber asked to check my bathroom and after turning on my shower determined that my tub spout/diverter was leaking water into the wall behind it and this caused the damage below.

    I immediately went to Home Depot and bought a new tub spout and installed it.

    As the years have gone by I've noticed that when I use the diverter more and more water escapes from the front of the spout instead of going to the shower head, but I didn't realize some of it may be going out the back too.

    Tomorrow the condo association is sending a plumber to my unit I was informed.

    Am I responsible for the damage to the downstairs unit? Am I responsible for my adjacent neighbor who had his wall opened up in search of my leak? Will I be expected to pay the plumber coming tomorrow?

    My CC&R reads as follows: "Repairs Resulting from Negligence: Each Owner will reimburse the Association for any damages to any other Unit or to any Common Elements caused intentionally, negligently or by his or her failure to properly maintain, repair or make replacements to his or her Unit or to those Common Elements for which such Owner is responsible under this Declaration. The Association will be responsible for damage to Units which is caused intentionally, negligently or by its failure to maintain, repair or make replacements to the Common Elements. If such damage is caused by misconduct, it will be assessed following Notice and Hearing."

    As an aside last year the neighbor directly below me had some kind of water damage they thought came from my unit. After checking my bathroom and not finding any leaks they determined it was the adjacent neighbor on the first floor who was the source of the damage.

    Thanks for any help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Leak From an Old Bathtub Spout Caused Water Damage to Condo Unit Below

    Quote Quoting megge
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    Also, I have no insurance and owe 120k on this Condo which is probably worth 80k now.
    If you have a mortgage, you can expect that your lender is going to eventually figure out that you've let your insurance lapse, and that they will then sell you insurance through a captive agency for a lot more than you would pay for your own policy.
    Quote Quoting megge
    As the years have gone by I've noticed that when I use the diverter more and more water escapes from the front of the spout instead of going to the shower head, but I didn't realize some of it may be going out the back too.
    The other resident or condo association may attempt to argue that you were negligent in not repairing the problem. You would presumably argue that despite your awareness of a problem, you had no reason to believe that there was a leak inside the wall, but the contractual language of "failure to properly maintain, repair" could be a problem.
    Quote Quoting megge
    Am I responsible for the damage to the downstairs unit?
    Potentially.
    Quote Quoting megge
    Am I responsible for my adjacent neighbor who had his wall opened up in search of my leak?
    That would be a more difficult case for him to make, but he can try.
    Quote Quoting megge
    Will I be expected to pay the plumber coming tomorrow?
    Ask your condo association. I expect so.
    Quote Quoting megge
    As an aside last year the neighbor directly below me had some kind of water damage they thought came from my unit. After checking my bathroom and not finding any leaks they determined it was the adjacent neighbor on the first floor who was the source of the damage.
    If the plumber in fact checked the faucet and diverter and found no leak from it, despite the water coming out of the spout when the shower was activated, that could potentially help you argue that you had no reason to believe that the spout would be the source of a leak or needed to be replaced. A faulty diverter, of itself, shouldn't result in any leaking except into the tub.

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