Making Condo Owners Responsible for Damage
Are these proper subjects for addition to our condo rules?
First a little background. When the condo was built, the plumbing was all iron. Over the years these pipes have corroded, causing water damage to the ceiling and walls of the apartment below. By damage I mean discolored and peeling paint, etc. Some of the owners of the apartments have been quick about replacing the iron pipe with plastic to stop the leaking, but others have resisted doing so. Consequently, it sometimes results that a future owner gets stuck with the job, having bought the apartment without being aware the problem existed. Meantime, the owner of the apartment below must put with unsightly ceilings and walls, knowing it will do no good to repaint as long as the walls and ceiling are damp.
We have language in the rules that says noise and nuisances that disturb others are prohibited; that work done by an owner inside his apartment for preservation, repair, hygiene, security, aesthetics, etc., must be accomplished without interference with or disturbance to the use and enjoyment of the facilities by others. There is even a rule stating the apartment must be kept clean. But nothing that requires him to maintain the apartment in a good state of repair, and nothing that recognizes the problems and expense of the apartment below that is actually suffering the damage caused by the leaking pipes. The residents of the apartment with the leaking pipes don't have a problem because all the water is going below. Other residents of the condo are hurt, too, because the leaking pipes put an extra load on the cistern.
Can we put language in the rules to deal with this? Could violation of this or these rules, if there are any, be grounds to file a complaint against the owner who persists in ignoring the problem?
If I had my druthers, I'd like a rule that requires an owner to correct this problem as soon as it is brought to his attention, and that among the penalties would be compensation for damage done below due to failure to correct the problem.
(We do have a rule that says in part that every owner is directly responsible for the violations of the rules and the harm and trouble caused the neighbors and the common areas by his family, relatives, visitors, employees and, in general, any person occupying his dwelling under any circumstances. But this has never been interpreted to included damage from leaking pipes.)
What, if any, responsibility does an administrator who is aware of this unaddressed problem have to let potential buyers of the apartment know that it exists?
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