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Condominium Water Leaking Problem. Who is responsible?

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asked on Sep 9, 2004 at 01:13
by   drew
edited on Mar 29, 2016 at 22:45
 
The water leaks from upper unit's toilet to my master room's ceiling since I live in a condominium in 1996.

I complained this case to our maintenance office for many times, but they said that
their 18 months warranty or liability period was expired. And the upper unit owner
has refused us to fix this leakage from their unit, even I agree to pay for the full repair cost.

The water leaking eventually becomes worst in late 2003. I have consulted many water
leaking repair companies, all of them said that this leaking problem has to be fixed from the upper unit.

In this case:
(1) Should I file a lawsuit to against this upper unit owner?
(2) How much does it cost to file for this lawsuit?
(3) And how much the lawyer fee?
(4) How long does it take to settle this case in the court?
(5) Do I have a good chance to win this case?

Or do all of you have any good suggestions? Thank you so much!
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answered on Sep 19, 2004 at 20:03
by   Jackie Chan
edited Mar 29, 2016 at 22:47
 
Are you sure it is not a leaky condom?
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answered on Sep 20, 2004 at 06:47
by   drew
Condom?

The water leaking is from the up stair, and also water leaks from external wall.

The maintenance office ignores our complaints. This is a very poor quality condo.
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answered on Dec 25, 2004 at 17:40
by   manzsin
Just a personal non-lawyer opinion without liabilities.

I learn in the hard way that there is no free lunch.  There is a price to pay to assert one's right.  It is your right to handle you own problem in your own way. What I can do is to share with you my thought.

There are a few interesting court judgments relating to your maintenance issue in a strata title condominium.  You appear you have no knowledge in the basics to appreciate and understand them.  So it is hopeless for me to discuss in the detail manner I normally like to do.

Just some basic facts:
1.  All strata title schemes [this including condominiums]would have separate body [in some places it is called "body corp" or "BC"] to take care of the common properties [in Malaysia, commonly called common facilities].  BC duties include the maintainence of common facilities.  This means the cabling, water piping etc passing through each individual unit [or "apartment"] are under BC jurisdiction [i.e. power].

2.  Each unit or apartment owner is responsible for its own appliance in his own apartment.

In your case, you are well advise to consider the following:
1.  Writing to the BC and your neighbour unit that you think is the source of problem, clearly stating your concern of the leaking and affecting your unit.  You need their immeidate actions to rectify this matter.  Failing which you reserve your right to further actions against them.  You may send them by A.R. Registered post for future evidence.

2.  Engage a reputable and credible contractor to give you a report of the root of the problem and its estimate cost of repair.

3.  Work out with your neighbour and BC in a co-operative manner for a prompt and effective settlement and action.

4.  If this fails, you would be well advise to seek your legal advice.

5.  Costing for legal resort.  I suppose a better view is to solve the problem effectively to avoid penny wise pound foolish.  Scout around for your lawyer. State your fact clearly and have your document ready to save the lawyer's time.  Get a clear view of your lawyer's opinion on your rights, and how your rights can be protected, then have his say of the cost.  Put all these in writing for record and ensure fairness to your lawyer and yourself that you are understand the matter and having the same mind.  Then it is your right for your own decision.
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answered on Jul 6, 2010 at 12:28
by   wong
edited Mar 29, 2016 at 22:50
 
I am facing the same problem. First the water leaks from both toilets and now it starts to leak in the dry yard also. I complaint to the management office, the manager said I am the one who suffers, and so I should pay all and fix the problem. Then I tried to discuss with the owner from up stair. He talked to me in the similar manner and mentioned I am the victim, he does not need to be responsible for any thing. Do you think the lawyer can really help you?
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answered on Aug 9, 2014 at 02:56
by   sasha
Any conclusion?
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answered on Feb 16, 2015 at 00:58
by   Dr NO
edited Mar 29, 2016 at 23:19
 
The law is against you. You need to settle or 'kawtim' with upper unit, and get the water leakage problem fixed, with both, you and him sharing the cost. If the bottom unit complains that water leaks from your unit and damages her ceiling, same thing, she will settle or 'kawtim' with you. It's usually less than RM1k to fix it but you need to get a good contractor.

It's dreadful to own a flat, especially low cost flats. I have one in DDamai.
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answered on Jan 27, 2016 at 09:25
by   stressful
edited Mar 29, 2016 at 23:08
 
Up stair inside piping leaking at dining hall and both bathrooms and ceiling badly damped and damaged and water coming out from switch light and common bathroom and water stain at ceiling fan and lighting in dining hall since 2013.

Management forced me to do water proof injection (new technology) provided by them that can last 5 years instead of asking up stair do water proofing. Water intrusion caused my aircond and water heater at common bathroom to short circuit since 2013. Now no light at common bathroom and I can't get it repaired until up stair fixes the problem. I am still using the toilet and aircond. The tenant above knew that water leaks damaged by ceiling and caused my floor flood.

Please help as the management blames my aircond. I've asked many contractors and plumbers to repair but they all said the problem is coming from up stair.
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answered on Jan 31, 2016 at 18:52
by   Belle123
Not a lawyer but trying to be financially savvy. May be you can work out which is more expensive, to engage a lawyer or waterproof your ceiling, which by the way sounds rather stupid.

Another option is sell it sell it. You don't to live among kiasu people who are only concerned of themselves only.
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answered on Feb 5, 2016 at 08:35
by   stressful
edited Mar 29, 2016 at 23:11
 
I've been trying to sell off this unit for 9 months but all agents ask me settle the water leakage problems before bringing buyers. Can anyone help me find a way out because I going crazy staying here!
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answered on Feb 17, 2016 at 06:54
by   kun9999
edited Mar 29, 2016 at 23:22
 
I am facing the same problem as you, uncooperative neighbor and this is what I did:

1. I wrote a complaint to Local authority MPS (my place Batu Caves). MPS (Commissioner of buildings) was quick to issue a letter to the management and unit above.

2. Refer to condo house rules. If you don't have a copy of the policy, get it from the management. Demand the management to enforce house rules and disconnect water and disable access card to the unit above. My condo house rules actually allow this.
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