This Week's Q & A

Q: We live in an apartment-style condominium building. The toilet in the unit above ours leaked, causing some damage to our ceiling. The management company told us we can ask the owner above to fix the plumbing, but can’t require him to do so. This means that not only do we have to repair our ceiling, we also have to pay for the repairs to his plumbing. Is the management company correct, and do we have any recourse? On a separate, but related matter, can a condominium association require all owners to purchase low-flow toilets?

A: The management company’s response was not correct. Your homeowners insurance should pay to repair your ceiling and cover any other damage resulting from the leak –minus your deductible, of course. Assuming this is the first time the problem has occurred, your upstairs neighbor is not responsible for the damage to your unit, but he does have an obligation to repair his own toilet. If he does not take any action and the toilet leaks again, having had notice of the problem, the attorneys I consulted explained, he would be responsible for any damage to your unit. At a minimum, he would have to reimburse you for the deductible if your insurance covers the repairs. Additionally, most condominium bylaws contain provisions allowing the trustees to step in and correct a situation in one unit that is affecting other owners. In this case, my attorneys tell me, if the owner refuses to respond, the trustees could replace his offending toilet and bill him for the cost.

In response to your other question, although unit owners generally control everything inside their units, condominium associations can require owners to install energy-saving devices, or arrange to have that equipment installed and assess owners for the cost. The amendment to the state condominium law granting that authority mentions low-flow toilets specifically, among the examples of devices to which the law applies. To exercise this authority, the board would have to hold a special meeting of unit owners, and a majority of those attending the meeting would have to approve the installation. If the board follows these procedures, it could require low-flow toilets in all units. In addition to reducing water costs for everyone, this could have the additional benefit of eliminating the leaky toilet that is plaguing you.