Legal Question in Real Estate Law in Maryland

Re: leak from apt in condo

Unit owners in a condominium have a duty to maintain their units in a way that they do not cause damage to other units. Situations involving leaks from one unit into another unit are relatively common. Generally, the unit with the leak is responsible for damage to other units.

However, the tricky issue can be proving where the leak originates -- and the association CAN be responsible under some circumstances. In condominiums, there can be some pipes for which unit owners have a duty to maintain, while certain other pipes are common elements for which the association itself has the duty to maintain. Responsibility depends on where the leak originates, and the party who is responsible for maintaining that pipe. (note -- also complicating things is the fact that water doesn't necessarily travel in a straight path --- i.e. depending on the topography of a development, it is possible for a unit to be suffering water damage that originates with a leak several floors above, or not directly above the "victim" unit.

I have represented condominium associations, invididuals residing within condominium associations, and groups such as the Maryland Homeowners Association, with regard to a broad range of issues in trial and appellate courts, adminstrative bodies and legislative arenas for many years. Please feel free to contact me if you think that formal legal advice would assist you in evaluating your problem in this or any other legal matter.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.