Legal Question in Personal Injury in New York
Leak
Who is responsible for replacing leaking bathroom pipes in-between floors? The top floor�s owner�s responsibility without any visible leaks or the second floor�s owner where the ceiling has a leak?
2 Answers from Attorneys
Re: Leak
This is determined by the ownership papers.
I assume that you have a condo apartment. the condo documents (indenture) will deal with this issue.
It is quite likely that, if the pipes are not in either apartment (the section that is leaking is not wholly within either apartment) or are inside the walls, that the building (condo association) is liable. but I would have to see the documents to give a definite answer.
Re: Leak
Generally speaking, a common pipe leak would be the responsibility of the HOA and an upstairs unit pipe (visible or not) would be the responsibility of the homeowner. This is another reason for homeowners to have insurance, particularly when others can be affected by their unit's malfunctions.
Good luck!