Legal Question in Real Estate Law in Illinois
A neighbor in the unit below condo was having water leaking through the ceiling in her bathroom and thought it may be coming from my unit which I rent out. One instance the leaking water was severe which prompted my neighbor to call plumbers out for the next morning. She asked me via email the afternoon before if I or my tenant could meet her & the plumbers the next morning so they could investigate the cause and if the plumbing in my bathroom was part of the problem. The night prior to the plumbers came my tenant informed me that the overflow plate on the tub was missing. I suspected that may be part of the problem but ultimately it wasn�t. The morning the plumbers came out my tenant�s nephew was there as a courtesy because neither I nor my tenant could be there and I couldn�t get there until that afternoon. The plumbers determined that the cause of the water leaking into my neighbor�s unit below was a failed gasket behind the overflow plate in the tub. The plumber stated the issue could not be addressed without an experienced plumber actually looking for it and that it could not be seen easily. When it was determined that was the cause of the water leaking my neighbor, also president of the board, authorized the plumbers to repair my unit with telling me. She made no effort to reach out to me while the plumbers were there. Once the plumbers found out what the issue was it became a non-emergent issue because water had to be running in the tub for the leaking to occur in my neighbors unit. When my tenant was not using the tub there was no leaking in my neighbor�s bathroom. The total plumbing bill including labor and repair was $398.50. The condo board is trying to hold me 100% liable for the bill because my tenant�s nephew incorrectly told the plumbers that I knew about the problem. However, I don�t feel that I should be completely responsible for the entire bill for and I offered the pay half based on the following reasons.
1. I didn�t learn there was an issue with my tub unit my tenant told the overflow plate was missing the night prior to the plumbers coming out. Again this was not the cause of the leaking.
2. My tenant�s nephew incorrectly told the plumbers that I knew the cause of the leaking was the missing gasket. The plumbers stated that I could not have known the gasket was the problem. My tenant�s nephew also did not live there and was only there as a courtesy so the plumbers could investigate. He had no vested interest in the unit.
3. The repair was made with my consultation or consent. My neighbor made absolutely no effort to reach while the plumbers were there. She admitted she was wrong for that and all of it is documented via email exchanges.
4. I should have been made aware of the issue and given a chance to fix it myself. The issue was non-emergent because water only leaked into her bathroom while tub was in use in my unit. If no one was in the tub/shower my neighbor experienced no leaking water. I also told my neighbor via email that I could meet the plumber but not until the afternoon but to my schedule.
I am responsible for the entire bill or does the board share in the liability?
1 Answer from Attorneys
If the leak was in the common elements it normally should be an Association issue. If it was in the unit above or its limited common elements, it is normally between you and the upstairs neighbor. The fact that misinformation was given doesn't mean it can't be straightened out, but if the Association is now being resistive you may need the help of an attorney.
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