Water damage to my Florida condo unit.?
Within the past 2 months or so a large water leak mark started to develop in the corner of the bathroom ceiling. We called someone to check it out, they opened the ceiling and water came pouring down. They saw there has been a leak from the upstairs unit and that was the cause of some of the mold and water leak mark on the ceilings. After evaluation, they stated that the upstairs owner's shower pan was the cause of the leak.
We informed the unit upstairs and they said call a license plumber before they believe anything. She had reason, so we did call a licensed plumber (who charged an $85 service fee) and they said it was the shower pan TOO. We, willingly, gave her copies of the receipts so she could have her own. After telling her what the licensed plumber said, she refused to believe it was her problem and that she should pay for it so she called her own plumber to see if it was a different kind of wall leak and she wanted to Condo Association to pay for it.
She called her plumber, they came to look at our bathroom as well and even though she tried to keep him quiet and yelled at us for asking for his business card and a copy of receipt (to make sure he was a licensed plumber) because, as she said, "I hired him." However, I didn't let him go without asking what the problem was when he came -alone- to our door. He admitted, just like everyone we've hired has said, that the leak was caused by her shower pan.
I've heard from the plumber we've hired that ripping out the bathroom to replace the shower pan is not cheap so I can see now why she's dodging the responsibility of this...She is being very reluctant to pay for these damages, making excuses along the way, blaming us by constantly remarking on our new windows (I'm not sure either how windows correlates to water damage from upstairs...)
Bottomline, who has to pay for her shower pan leaking? I have read the rules of this condominium, and internal damage is responsible by the unit owner while the rest of the "common elements" is dealt with by the association.
Also, does she have to pay for our ceiling to be reclosed when she fixes her shower pan? I'm assuming we have to pay for it, since the damage is inside our unit which I -completely- understand. But I was wondering, if by chance, she has to pay for it too 
Thanks and please be as informative as possible!
Comments
If you suffered a water damage on your condo/house or business... the first thing you should do is call a Public Adjuster. They will report it with your insurance company and make sure they pay exactly what you are entitled to. East Coast Public Adjusters is one of oldest public adjusting firms in Florida and they are licensed in various states. If you have property damage and insurance, you are entitled to a fair compensation. WWW.ECPACLAIMS.COM - 1-800-264-6541.
Good Luck!
This happened in my condo complex, the exact same thing happened to my neighbor from a leaking shower pan on the second floor, the upstairs tenant had to pay to replace their shower pan and yes, you have to rip out the entire shower to do this. The downstairs neighbor had mold growing in her apartment from water damage inside the walls, however, her landlord had to pay to fix all the water damage in her unit, they didn't they only repainted and from that point forward both her and I had allergy issues from mold growing in the walls because the landlord/owner did not rip out the dry wall and dry inside the walls.
This is something that the unit owners home owners insurance should pay for, damage to your apartment and damage to hers, however, it probably won't cover damage to your furniture or property that's what your insurance is for.
If she is giving you a hard time this is something that needs to be brought to the homeowners association and a meeting needs to be held with you and her to discuss. If she refuses then you need to take her to small claims court or sue her insurance company for compensation. You cannot live like this so first contact the HOA, then your insurance company and get her insurance company while you are at it.
Good luck
The woman is responsible to replace her own shower pan. I would assume the pan has a crack in it somewhere, if the plumbers are recommending a replacement. The Condo Association is not going to agree to pay her costs, since the issue is NOT a common element. The shower pan is specific to the interior of her unit, and therefore maintenance/replacement costs are HER responsibility. As well, she SHOULD bear the costs of repair to YOUR unit, since it was HER lack of maintenance which caused your damages.
You are advised to inform the condo association of what is occurring, along with copies of estimates, bills, and determination of damage cause. The condo association may not be able to assist you in the matter, but it will not hurt to keep the board well informed. Since this woman is reluctant to pay, you may have to take her to small claims court to force the repairs, etc.
Good luck !
You could file a claim under your condo insurance policy and they will go after her. She is responsible for the damage to your unit. You may have to sue in small claims court. Good luck.