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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Upstairs Neighbor Refuses to Fix Leak in Her Bathtub Plumbing

    My question involves a condominium located in the State of: Florida
    Our upstairs neighbor refuses to fix her leaking bath tub pipe. We contacted the HOA plumber and he accompanied us upstairs to show her that the water is coming from her bath tub. She told us that she would get a plumber. This was 3 weeks ago. She continues to use the bath tub. She does not answer the phone or door, even we can hear her walking around upstairs. We sent a registered letter that she has not accepted. We finally surprised her by calling her home number we found online, and she told us that the HOA plumber does not know what he is talking about and she had 2 people looking at her bathtub plumbing and it is not her fault. We are taking pictures and video every day to document the water running down from her bathtub pipes. Thankfully the HOA plumber opened a hole in our ceiling, so it does not further damage our ceiling beyond the already occurred damage and we can also clearly see where the water is coming from.
    The HOA does not help us, they say this is not their problem, our insurance only covers painting our walls, and the county/city does not care either.
    What other options do we have to make her repair the plumbing, or if we repair the leak, how do we get the money back?
    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Upstairs Neighbor Refuses to Fix Leak in Her Bathtub Plumbing

    If you can fix the leak, you can attempt to sue her in small claims court for the cost of repairs she was legally obligated to perform. I can't promise that you'll succeed, as I have no opportunity to inspect the problem, talk to the plumber, or review the documentation that would create the legal duty.

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Upstairs Neighbor Refuses to Fix Leak in Her Bathtub Plumbing

    Thank you Mr. Knowitall. I was hoping there is another way, but I have realized that in order to put a lien on her property we have to go to small claims court. Are we able to include the fees for filing the claim and having the papers served when we file in small claims court. Because when my boss filed a claim it cost him almost $500.00 and he never got anything back, not the amount he claimed, nor the filing fees.
    Thanks again.

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