Dealing with Condo board and a Leak in my unit

[trueimage]

Just wondering if anyone had any advice on how to deal with this, and what is my responsibility and what is theirs?

I was out of the country on vacation and there was a leak in my unit that was leaking into the unit below. The condo board tried to call me several times and then got a locksmith and plumber to access my unit. They are saying that I am responsible for all charges including all damages as well as the locksmith and plumber.

My questions are:

1. Is it not the condo board's responsibility to ask me for a copy of my key for these situations, and since they didn't, they are responsible to pay the locksmith?

2. All I know about the leak is that it was "from a bathroom sink". This sink doesn't even have a tap on it as the handle broke and it was removed and not yet replaced. If the tap wasn't left on, and the leak came from a pipe in the wall, then isn't that their responsibility or at least joint? Again to pay for the plumber fees or not.

3. What damages am I responsible for?

Thanks

[mrkajz44]

I can't give you any solid advice, just what happened with me in a similar experience.

The person above us had a water leak between his washing machine pipes and his actual machine. He turned on the machine and left for the evening (and we were gone as well so we didn't notice the leak). When we returned home we had a note saying there was a leak and a locksmith had entered our unit looking for the leak, but found it in the unit above us.

In the end we didn't pay anything, but based on my discussions with the person above me, he had to pay for everything. Despite the fact that I'm sure he had no involvement with the pipe connection to the washing machine (the building is failry new so I assume it was hooked in by a contractor), it was deemed his responsibility (and I agreed with that treatment). I think if the pipe was deemed 'in' your unit based on your condo docs, you are responsible. For most, that means if the pipe is out of the wall, it is your responsibility.

So based on that, if someone came in to your unit to stop a leak you are likely responsible for the entire amount, probably up to the insurance deductible for the entire building which is probably in the tens of thousands of dollars. The fact that the sink doesn't have a tap on it probably doesn't help your defense that it didn't occur 'in' your unit.

[trueimage]

Hmm,

The water is shut off to that sink and the faucet has not been replaced. I am planning to have some renovations done, so I didn't want to replace it until I do that, since I will likely replace the vanity.

The bylaws say I have to pay for a locksmith. Nowhere does it say anything about a key.

It also says I'm responsible for plumbing up to the shut of valve, and that valve is in the off position (unless that means the main valve entering the unit)

[troutman]

http://forum.calgarypuck.com/showthr...ht=condo+board

[Bring_Back_Shantz]

Originally Posted by trueimage

Just wondering if anyone had any advice on how to deal with this, and what is my responsibility and what is theirs?

I was out of the country on vacation and there was a leak in my unit that was leaking into the unit below. The condo board tried to call me several times and then got a locksmith and plumber to access my unit. They are saying that I am responsible for all charges including all damages as well as the locksmith and plumber.

My questions are:

1. Is it not the condo board's responsibility to ask me for a copy of my key for these situations, and since they didn't, they are responsible to pay the locksmith?
Absolutely not. besides would you really want the condo board having a key to every unit? If a locksmith was required, it might be covred by either the condo's or your insurance.

2. All I know about the leak is that it was "from a bathroom sink". This sink doesn't even have a tap on it as the handle broke and it was removed and not yet replaced. If the tap wasn't left on, and the leak came from a pipe in the wall, then isn't that their responsibility or at least joint? Again to pay for the plumber fees or not.
You'll have to check the bylaws on this one. But I would assume that most stuff like this is covered under the condo's insurance. If it isn't I'd assume you are required to have insurance for this type of thing, otherwise they run the risk of having an attached unit get damaged, and no one able to pay for it.

3. What damages am I responsible for?
Read the bylaws. It's entirely possible you're not responsible for anything.

Thanks

As a member of my condo board, I can tell you that often times the people on the board won't know exactly what the rules are.
That being said I've put some comments in bold above.
I assume you have a management company who works for the condo board, and if so get a hold of them, they'll know for sure what is covered by the condo's insurance and what yours will be reponsible for.

[BlackArcher101]

Can't entirely give you an exact answer as I'm not privey to your condo docs, however this is how my previous condo worked.

1. The board had no right to ask for keys to any units (for security measures).
2. If a locksmith is needed for any reason, the cost is 100% paid by the unit owner.
3. Any emergency repair costs are 100% paid by the unit owner.
4. Unit owner is responsible for any piping after the main unit shut off valve.
5. Any damages from piping after the main valve, either to the owned unit or other units surrounding/below as a result of the leak is paid by the unit owner that had the leak (or unit insurance).

Is there any evidence at all of a leak in your unit? Blistering drywall? Swelling flooring?

[Bill Bumface]

I'd say you're boned. Your pipe, your problem unfortunately. Obviously figure out where the leak was for yourself, but if it was after your main shutoff (99% chance that is the case) you're on the hook.

[Northendzone]

sorry to hear you unit is leaky, it is likely the doctor will give you some penecillian and tell you to keep up with the blow, but aviod the hookers.

[RW99]

Are you planning on an insurance claim? If so, your adjuster can help review by-laws and any costs that you are resonsible for should be claimable (above your deductible).

[mykalberta]

It depends on your bylaws, with mine if they need to access my unit in a situation like that or for fire we need to provide them with a spare key or yes I am repsonsible to cover the charges of a locksmith. Some people choose to provide a key, others do not.

In my bylaws there is a clause for anything not covered in a wall that its the owners responsibility to have someone be checking on the unit.

So in your situation if its the same as mine it depends where the leak was coming from. If it was piping under the sink or the sink overflowing or toilet overflowing then I would have to pay for plumbers fees.

If it was a pipe within the wall the condo has to pay but I would still have to pay for the locksmith if I didnt leave a spare key with the building manager.

[pylon]

I had a similar situation.

One of the units in my building had a balcony basically collapse in the middle, and they needed to do emergency inspections of all units to make sure the problem wasn't a ticking time bomb at he insurers request. They gave a 48 hour notice, and I was out of town. I came home a week later with a set of keys and a bill for $75 under my door. It sucks, but I was responsible to pay. With any type of home ownership, there is going to be unexpected costs.

[GreenLantern]

If you have insurance for this, contacting them usually means they will take it out of your hands and deal with it completely. Meaning covering all costs and the hassle of paying whoever needs to be paid.. at least that is how our socialist SGI works.

If you haven't talked with your insurance that is the first place you should go.

[Hockeyguy15]

Originally Posted by pylon

I had a similar situation.

One of the units in my building had a balcony basically collapse in the middle, and they needed to do emergency inspections of all units to make sure the problem wasn't a ticking time bomb at he insurers request. They gave a 48 hour notice, and I was out of town. I came home a week later with a set of keys and a bill for $75 under my door. It sucks, but I was responsible to pay. With any type of home ownership, there is going to be unexpected costs.

I know you aren't complaining so this isn't directed at you, but in a situation like yours I would totally be ok with paying the $75. I could imagine the panic that was going on after a balcony collapse.

If there was a tiny leak I would hope my condo board would call me and tell me to come open my unit before they jumped to the locksmith though. In any emergency (balcony, electrical issue, big leak) I would be fine with them picking the lock.