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 Mar 28, 2016 at 14:27
by   June
edited Mar 28, 2016 at 19:51
I would like to ask, my below unit owner complaint that my unit is leaking. I engaged a contractor and fix the leaking issue. I bear for the total cost. Now the lady owner of below unit want me to compensate her damage, should I compensate her? I already took immediate action to fix it and moreover this is the building structure problem.
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answered on Jul 1, 2016 at 23:01
by   shtanyc
Hi, the Strata Management Act have a provision which indicates that if there are water marks seen on the ceiling on the lower unit, it is presume that it is caused from the defects from the unit upstairs unless proven otherwise. The Strata Management (Maintenance and Management) Regulations 2015 also sets out the procedures that an aggrieved parcel owner can take and the Developer/JMB/MC/subsidiary MC's responsibility to inspect and to identify the source of the leakage and the parties' responsible to rectify it.

So the best way forward I think is to follow the procedures set out under the SM Regulations and if the decision of the Developer/JMB/MC/subsidiary MC is not satisfactory, then to refer to the Commissioner of Building to determine the cause of the leakage and parties responsible to rectify it.
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answered on Oct 24, 2016 at 15:28
by   Guest
Buy the unit above your upstairs.
Make it leak onto their unit.
Ask them to allow you to repair the leakage causing to your unit below them, then you repair the unit above them.

You can always go to Tribunal.
There is Strata title act which protects owner of each unit.
The law is not against you. You just need to good lawyer to assist you.
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answered on Dec 28, 2016 at 04:42
by   Sham
What if in my case, I am on the top most floor. There ss a leak coming thru my s of cos coming from roof when raining. How do I go about it
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answered on Nov 27, 2017 at 19:35
by   dtan
strata management act 757 states clearly what to do
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