What to do if I live in a condo and have a broken shower drain pipe that must be fixed from the downstairs unit but the owner will not allow us access?

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What to do if I live in a condo and have a broken shower drain pipe that must be fixed from the downstairs unit but the owner will not allow us access?

The issue appears to be he recently removed the drop ceiling and covered the pipes we need to access with sheet rock. We advised we would repair any damage caused, but apparently he is doing renovations without a permit and doesn’t want us in his unit as he fears we will tell the city inspector. In the mean time I only have 1 shower and am unable to use it because we need to repair the drain pipe.

Asked on June 16, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing that you need to ascertain with respect to the needed repair is whether it is a common area issue or not. If a common area issue, then your HOA should repair the broken shower drain at its own cost. If you need access to the lower unit to make the repairs, you need to advise the owner that either access be given to you to make the repairs or you will bring a legal action to get access to the unit.

I suggest that you consult a real estate attorney about your matter experienced in planned unit developments.


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