I owned an upstairs condo unit. A year ago, the downstairs unit owner complain through HOA about there was a water leaking on her bathroom roof. She told HOA that’s because my bathroom was leaking. I immediately went back her unit, but her brother(The owner is not living there, her brother is) told me no water leaking, only crackers. I checked the ceiling. There was about 6 inch crackers there, but no water markers. The HOA told me it’s my responsibility to fix downstairs ceiling leaking. And I didn’t do this cause her brother said no leaking.
A year later, this X-mas, the owner came back for holiday. She called me about the leaking is getting bigger. I should fix it. She also complained to HOA. The HOA was very firm that I should fix it. I was out of town for holiday, and asked the owner to hire somebody to inspect it first. If it’s my unit problem, I will fix it for sure. But she refused to spend any money to do this. I have a few confused about this issue.
1). The HOA believe it’s the plumbing in my unit causing leaking, so it’s my responsibility to fix downstairs leaking issue. I checked the CCR, I’m not sure if the plumbing pipe is 100% belong my unit. Looks like it’s part of common area. I attached below about the description of boundaries.
2). If the leaking is from my unit, I will fix it for sure. But the leaking problem never happens in my unit. But who should pays for the leaking inspection. The HOA insisted I should pay everything for this. I argued I only pays after it’s proved it’s my unit leaking.
3). I asked HOA sending a staff to the downstairs unit as a witness when I enter the downstairs unit to look at it. It will be tomorrow. Cause I don’t trust the people living there. I worry about my safety if they blame me entering their unit without permit. But HOA refused to do this. I don’t really know what’s the legal procedure to do this.
I will be very appreciated if anybody tell me how to deal with this trouble. Sorry about long post.
Descriptions:
a). The boundaries of each Unit are the interior surfaces of the perimeter walls, floors, ceilings, windows, and doors thereof, and the Unit includes both the portions of the buildings so described and the airspace so encompassed.
b). The common Area includes, but not by way of limitation, the land on which the Units are located, the roads, … …, perimeter walls of the Unit, floors, roofs, foundations, pipes, ducts, sewer lines, flues, chutes, conduits, wires, and other utility installations, services, and equipment, wherever located, except the outlets thereof when located within the unit, and all other parts of the Project, ….
