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  1. #1
    Join Date
    Nov 2017
    Posts
    1

    Default Water Leaking Into a Condo Unit Due to a Neighbor's Poor Maintenance

    My question involves real estate located in the State of: North Carolina

    For the last year, water has been entering my condo in two places - up front, under a large atrium window belong to my neighbor, and in back, under his patio door.

    Multiple contractors and a building engineer have inspected the property (stucco, 1978). All of them agree that the causes are almost assuredly his window and door - either failure of their structures or their installation, and that the only way to know for sure is cut into the walls/remove stucco/remove portions of the window. I already removed a portion of my ceiling under the window 6 months ago to prove that the water was coming from directly above - and indeed, his subfloor is stained.

    He keeps doing nothing, asking for more opinions, complaining he has no proof it's his property causing the damage, and refusing to move forward.

    Our HOA rules say an owner has a duty to "promptly repair" any of his property affecting another owner. Lucky me, this guy is the HOA president, so the HOA feels like much less of a resource, as is the association management company we have (not a property management co) that works with him closely on other matters and has not demonstrated any willingness to push him to act.

    Do I have to try to get the rest of the HOA to hold a hearing on the facts and then levy fines against him to get him moving? Can I go right to legal relief?

    Input is much appreciated.

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

    Default Re: Water Leaking Into a Condo Unit Due to a Neighbor's Poor Maintenance

    You need to check your CC&Rs, as if there is water penetration through an exterior wall that may be something for which the condo association has some responsibility or a duty to repair.

    If the condo association in fact has no responsibility, then you need to work through your own insurance company, try to make a claim with the other owner's insurance company, or consider suing the upstairs neighbor for negligence and see if you can prevail in court.

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