Whose responsibility are the osts of a leaking pipe?

We recently discovered a leak in the tub. The leak was in the diverter which diverts water from the tub to the shower head. It was a slow leak and was due to a pipe which was cut short according to the plumber. Based on the mold it’s been leaking a while and it was discovered by a guest almost 2 weeks ago. The association alerted us of the incident and remediated it the same day and removed the mold, replaced the base boards, drywall and repainted. Between the dehumidifiers, the plumber and drywall/base boards it cost about $2400. Does the association pay for all but paint?

Asked on June 14, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first thing that needs to be ascertained with respect to the leak that you are writing about is whether the leak per the HOA rules, regulations and recorded covenants, conditions and restrictions is in a common area or not.

If the leak is in a common area, then the HOA should pay for the repairs. If not, then you should make a claim to your presumed homeowner's policy for payment of the repairs.


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