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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Angry How to Get a Water Leak Repaired When the Upstairs Unit Won't Cooperate

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

    I am in a condominium, and last year the neighbor above replaced his bath tub. We started seeing moist drywall above our bath tub occasionally. I informed him and he says its not his leak. It happens sometimes (not all the time) when he is taking a bath or shower, not sure which. He has seen the leak in our condo but he thinks its from somewhere else. I contacted the association and they attempted to talk to the neighbor and he won't let anybody in his condo to investigate. They did go into another apartment above and they resealed their bathroom to see if it was somebody else, but it didn't fix it. Meanwhile association removed drywall above our bath and we can see wet insulation thats turning into a gray/black gooky mess. Meanwhile, association can't seem to do anything and the neighbor is not doing anything. This is not a common component of the building, and the association claims they don't really have any right to force him to do anything. Can I do anything? I was thinking about insurance claim? health department? Try to get it fixed from below his tub? does our association really have no power to do anything? I haven't called a plumber yet as I really shouldn't need to, he should, but he is not caring at all as its not dripping into his apartment. Plus, to tell you the truth, the guy is a drunk who has been arrested several times, can be violent, and I don't really want to interact with him. In fact the association told me they are more interested in trying to get him out of the building than to get the leak fixed right now. Now I have a 3 ft drywall hole above the shower and its kind of creepy and I can't live like this perpetually. I do have homeowners insurance, but I haven't called Allstate yet.. Any advise would be helpful.

  2. #2
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Water Leaking from Above by Neighbor, He Doesn't Agree and Nobody is Fixing

    Does your condo association have a management company? Or is it self manged?

    I'm a board member of a condo association in Illinois. When we get into that situation, and if the owner fails to cooperate we send them a nice letter/phone call that we will force entry into their unit unless they fix their leak within lets say 10 days and send us a invoice proving that the leak is fixed. If they still don't cooperate, the management company shows up with a locksmith and a plumber. The locksmith picks the lock so there is no damage, the plumber inspects and all these bills are billed onto the unit's account. The right to enter the units is given to the association by the IL condo law: 765 ILCS 605/18.4 (j). I also explain to uncooperative owners that they should probably consider getting their own plumber who can fix their leak for a lesser price. If they fail to do so, we will fix it with our plumber and we will bill their account.

    If they refuse to pay their account the association then files for eviction, throws the owner out, rents the unit and once the account is paid returns possession to the owner. This latter point is a little more complicated than I make it sound and slightly dependent on your rules and regs but the association can certainly tell him this to get him to cooperate.

    - - - Updated - - -

    Also if the board is not experienced, I recommend, they do tell the owner when they are coming with locksmith and plumber. This way they can be home to open the door for you and you'll have less problems with: "You came in my unit when I was not home." If someone is worried about their safety, get the police to be there also but the old management company did not usually have the police there.

    But I have 100% success rate with getting ppl to fix their leaks when I tell them what I said above so it likely won't even get to that.

  3. #3
    Join Date
    Jan 2014
    Posts
    2

    Default Re: Water Leaking from Above by Neighbor, He Doesn't Agree and Nobody is Fixing

    Thank you for the valuable information. I will approach the association rep about this. The condo is self-managed, there was a mgmt company several years ago, but they were stealing money or something so the residents took over. I am curious what out neighbor's response will be to this. We have probably been too nice to him out of fear for him being somewhat unstable.

    Thanks Again!

  4. #4

    Default Re: Water Leaking from Above by Neighbor, He Doesn't Agree and Nobody is Fixing

    Another suggestion - call the city's housing inspections department to come out and verify that his bathroom was done with appropriate permits.

  5. #5
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Water Leaking from Above by Neighbor, He Doesn't Agree and Nobody is Fixing

    You replied to an old post. But my answer is that be careful what you wish for. If the city finds something that is HOA responsibility, the person who called will be basically paying for everything reasonable and unreasonable that the city orders. Alternatively the HOA can choose to pony up big bucks to lawyers to try to get you out of any unreasonable demands from the city.

    But then again, our own owners are real bright and have called the village in the past to try to get what they want and the village has told them that they can't get whatever dumb thing they wanted....

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