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In a CONDO who is responsible for paying mold removal that was caused from water leak in the bathroom from the upstair owner?

Boston, MA |
Filed under: Condominiums

Ground flow bathroom roof collapsed, no one was hurt, mold was found by DPH. Mold rem edition in process. Is the owner who had the leak in the bathroom but was unaware be responsible to pay the bill, the leak was from within the wall, due to the make of shower and also there was a soft spot between the vanity and bathtub. The owner is repairing the bathroom but is he responsible for MOLD and other repair fee OR should the CONDO PAY??
The Condo unit owners whose roof collapsed now want to claim medical saying that he had asthma attack and was hospitalized for this?unit owner is however living in that place. Condo association also found a corroded pipe during this process that was repaired which was common and there is further a toilet pipe drain leak?? WHO IS responsible to pay?? proceed?

Attorney Answers 2

Posted

This is a very complicated question and does not have a simple answer. It depends on whether the interior of the walls (including the pipes) was considered common area or not. I would advise that you contact an experienced condominium attorney, bring your condo docs, including original plans, and they will be able to advise you. Good luck to you.

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Thank you

Posted

As Atty. Amarantes advised, the key is what the condo docs say. Most common is that pipes within the walls are common area, and thus the responsibility of the association. If the owner having a medical issue allegedly caused by this actually makes a claim, it should be referred to the condo's insurer to challenhe and/or handle.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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Posted

Plumbers stated that the leak was from the shower knob inside the wall, however we were unaware as the knob was hiding behind the wall. Mold was found, occupants are still staying downstairs...What would you advice. CONDO insurance review is pending.

Thomas J Callahan

Thomas J Callahan

Posted

Again, it depends on what the condo docs say as to what are the boundaries of the unit and what is common area. If behind the wall is common area, then the condo insurer is where the matter belongs.

Asker

Posted

Thank you

Asker

Posted

Insurance covers this, thank you BUT will we be responsible for Hotel accommodations for the occupants as the mold remediation commence, coz demands have been made and can they claim health liability...they did mention about asthma attacks due to mold but they are still staying in the same apartment.

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