I'm a first floor condo owner in the state of California.
Back in April, I noticed a thumping noise behind my shower, and a little bit of water leaking from my tub. I called the on-site condo management company. They sent maintenance people to the unit above me to check things out.
Apparently, they "didn't find anything", and nothing ever happened. I'm mad at myself I didn't continue to follow up, but I have been ridiculously busy lately.
Things were fine until June 2nd. Once again, I heard the thumping noise and saw water. Once again, reported it to the management company. They said they'd put in a "work order." No word back all day.
Next day, I wake up in the morning to the thumping, and my bathroom is FLOODED! All the way into my hall closet and carpet.
Turns out, there was a leak in the pipes on the THIRD floor. My upstairs neighbor's tub filled up. And because she had a crack, the water came down to my unit.
Thankfully I have condo insurance - I called my insurance company-got a carpet guy out right away to deal with the carpet water. I was convinced it was the association's responsibility, but I checked the CC&R's. It IS their responsibility EXCEPT in the case of owner negligence.
Turns out, the woman above me has a giant crack in her tub.
I'm having problems getting this resolved because my claims adjuster is LAME - she NEVER picks up her phone. And when she calls and leaves me vm, she never tells me when I can call her back and catch her.
She also failed to have the appraiser call me or give him any information.
She also claimed she never got my paperwork, even tho I emailed it to her at the email address she gave me WEEKS ago.
Anyway, that is neither here nor there - my question is, why should I have to pay for all this, and THEN go after the neighbor?
Also, does the condo mgmt bear any responsibility?
The water leak detection company that came out said they are pretty sure this was caused by the neighbors tub but won't know for sure til the walls and ceiling get opened up, and the pipes get checked.
MY neighbor wants to send HER plumber down here to investigate at the same time when I do that. Should I let her plumber come? Or will that bite me in the butt later?
Any help would be appreciated. I know I need to get this taken care of right away before mold results but now I'm worried cuz I DID report this, back in April! Who knows how much water damage has resulted since then.