What can I do if I have a condo with considerable water damage that appears to come from the condo over mine?

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What can I do if I have a condo with considerable water damage that appears to come from the condo over mine?

The plumber cannot definitely detect the source and the other owner will not cooperate to let me have the source investigated. How can I handle this; it needs to be dealt with as soon as possible?

Asked on January 21, 2014 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may need to file a lawsuit against the other owner, seeking either monetary compensation ("damages") for your costs and damaged property, and/or a court order requiring him to fix any leaks which are damaging your property. If the water is not coming from your unit, it must be coming from from another one; you may wish to sue any unit owners above yours, and possibly the condo association, too, if the water may be coming from a common area (e.g. the building's roof) and the association will not cooperate to investigate/repair. During the course of  litigation, there are mechanisms to get more information.


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