liability
How to approach a potential HOA dispute over a water leak
<p>I noticed some water damage under the bathroom sink a few weeks ago. The plumber said that it's not the faucet, but something above the sink. Being that we live on the top floor it could be a roof leak or damage to the pipe above the sink. There is no way to say for sure unless more drywall is removed. According to the HOA the pipes are my responsiblity, while the roof is HOA/property management.</p>

<p>If the leak was caused by something HOA could be responsible for,</p>

<p>1) As I take the steps to repair the leak, what can I do to have a better case in a situation where the HOA can be held responsible for the repair? </p>

<p>2) Should I notify the HOA before opening up the wall?</p>

<p>3) Would I be able to request/collect reimbursement for what I spent on the repairs caused by the damage they are responsible to fix?</p>

<p>4) If the pipe was damaged by recent roof repairs, would the HOA still be liable?</p>

<p>I don't have much experience in legal matters and appreciate any help</p>

<p>Thank you</p>

<p>You should immediately communicate with the HOA about the issue, and follow up in writing.  (As a practical issue, when you communicate with them you should discuss if they have a preferred plumbing supplier and consider using them to reduce issues later on).</p>

<p>You should then (bearing in mind their position) take whatever steps you believe are likely to minimize further costs and damages.</p>

<p>You should also take photos and other evidence as things proceed.</p>

<p>If the pipe was damaged by recent roof repairs, the people who did the roof repairs (and thus the HOA if they authorised them) would most likely be liable - just as if someone hits your car with theirs - their actions caused you loss.</p>

<p>Depending where you are, there is most likely some kind of Citizens Help / Advice bureau you can go to - but the key things to do to protect yourself are (1) Stay polite and communicate the issues - but don't admit fault unless you are happy to accept the liability  (2) Document your position, (3) Communicate and act in a way to minimise the damage and costs.</p>
