Legal Question in Real Estate Law in Pennsylvania

Water Hammer

I live in a first floor condo, of which I am the homeowner. I've informed my upstairs neighbor that she has developed a water hammer that has gotten progressively worse over the past 4 months. The toilet slams, the sinks slam, the shower slams, the washer slams and the dishwasher slams every time the water flow is stopped abruptly. There is plumbing banging in my walls up to 40 times a day on average. The owner promptly denied my claim and has not asked for a demonstration. She has no intention of fixing the problem. I've consulted an attorney who told me to buy some earplugs and wait for serious injury or property damage. The attorney is writing a letter to inform my neighbor pending any damage resulting from her negligence in this matter, she will be sued, but in the meantime I'm just supposed to live with the constant banging, sleep deprivation, stress and worry. If she ignores the letter, is there really nothing I can do? As it was explained to me, if she was litterally slamming a hammer into the floor 40 times a day I could cite her for harassment, but because the plumbing is banging, it is not seen as an intentional act. Therefore, I am powerless to do anything until there is property damage.


Asked on 2/13/08, 10:46 am

1 Answer from Attorneys

Re: Water Hammer

There will not be any property damage with "water hammer". Follow the path of least resistance - WRITE a formal complaint to your association, and say her plumbing problem is interfering with your right to the "quiet enjoyment" of your condo unit. As I assume the problem didn't exist before, the "fix" is simple, she needs to have an air chamber added to the existing system, or perhaps the existing air chamber has filled with water, and the system needs to be drained and re-filled. If she has had work done to the plumbing, perhaps some pipe supports securing down the piping was removed and needs to be replaced, but it SHOULD be a relatively simple "fix". Be CALM and OBJECTIVE when complaining, so you are not dismissed as a nut.

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Answered on 2/13/08, 11:23 am


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