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Pipe is burst in the ceiling in my condo, the unit upstairs claims it is not his problem. is is a common area problem? asc?

Hollywood, FL |

i live at the second floor. pipe in the shower is burst? the third floor neighbor say that is not his problem?
does the pipe within the wall belong to the association? therefore making it an association problem or is the problem of unit stairs and downstairs

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Attorney answers 4


This is a frequent problem is condominiums. If the leak originated within the parametric boundaries of the unit above you, the unit owner is responsible. If the leak originated in the walls between condominium units, it is the responsibility of the condo association. As a practical matter, you should make a claim under your condominium owner's insurance policy. Let the insurance company repair the damage and sort out who is responsible. If you do not have a condo owner's insurance policy (a big mistake), you should hire an experienced real estate lawyer in your area to help you figure out who to sue.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


As Mr. Deason said, if the pipe is located between the floor and ceiling it is usually the unit owner's responsibility. Your condo docs may have something more specific. Many provide that if the pipe services more than one unit it is the association's responsibility and if the pipe services just one unit it is the unit owner's responsibility.

Turn it over to your insurance company and let them figure it out.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.


Let the insurance company figure it out.


Erick Platten

Platten Law Office

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I would say that it is definitely a problem for the unit owner downstairs but who is responsible is a different issue. As other attorneys will tell you, generally, anything within your condominium is your responsibility. The condominium declaration, bylaws, rules, and regulations will likely specify what is considered a common element and limited common element and who is responsible for maintenance therefore. Condominiums are bound by these documents. If the Condominium Association refuses to cover the cost of the damage through its insurance coverage, or if the insurance proceeds are not enough to repair the damage then you should consult an attorney prior to accepting any funds. Insurance companies are not in the business of paying people and they will try to pay out the bare minimum that you will accept to settle a claim.

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