[Special K]

About 10 days ago, I discovered the ceiling of my washroom is leaking brown-ish water down. It turns out that the suite directly above me may have plumbing issues when they renovated their place.

My ceiling drywall is now cut up, the pipe looks rotten/rusted. What appears to be shit water is coming down for the past 10 days...

The owner upstairs is taking her sweet ass time to "assess the situation" and "evaluate her options". She wouldn't open her door for our plumber to take an estimate because she has her own plumber. Asking us to deal with her plumber directly... :suspicious:

We do not want to use her plumber because he wasn't good last time he helped us fix our other washroom's ceiling. (We have two washrooms)

Strata seems to have no urgency to help fix the situation either.

My mom is stressed out because it appears to be shit water coming down. We cannot use that washroom and several bugs have dropped down from the opened ceiling. This is somewhat a health/sanitary concern.

What can we do? Are there any relevant laws we can follow or ask strata to follow? Can the city do anything about it? I imagine lawyering up would be my last resort, but wouldn't a lawsuit take a longggggggg time?

[winson604]

I'm pretty sure this is a civil issue. City Of Vancouver Property Use Inspectors do not have jurisdiction when it comes to Strata Properties.

[westopher]

Maybe don't actually lawyer up yet, but threatening the strata and the tenant with lawyers is a good way to light a fire under their asses. Although I'd wonder why the plumbing in the floor would have been touched by those above you anyways in a reno. If there were shit leaking on my head in my bathroom though, MY plumber would have fixed it already, and I'd tell her to go fuck herself if she asked me to wait for her plumber.

[Manic!]

Give something in writing to the strata that's dated. Keep records of everything that's going on. Keep complaining. A lawyer is not going to speed things up.

[Gridlock]

Well, whoever is doing the work holds the liability. I pay like $1000 a year for my liability insurance(which doesn't even cover everything I do...shh).

I don't give a shit which plumber she wants to use. That's the first thing. I'd either tell her, this guy goes and takes a look, or I go through the strata and...this guy goes and takes a look. If I had done something that caused a leak downstairs, I would be apologetic and trying to do whatever I can to work with the guy, not strong-arming him out of the bathroom.

She doesn't want you in the bathroom...that's the problem. Why? Probably no permits, or the strata doesn't know what she's doing.

One person might start making calls, and a bunch of shit for her.

Myself? I'd level with her, tell her I don't care what you are doing...I want my guy to look and know that nothing else is going to rain in on my head. Step aside. Then hand her the bill for plumber and drywall repair. And no, your cousin, whom I'm sure that while he hasn't actually done drywall repair, but watched it on tv is really good, I'm going to hire someone that charges an obscene amount, and bill it to you. And when I say obscene, I don't mean profane, I mean really offensive. :wink:

[Special K]

I am drafting up a letter right now. Would the language in the Strata Act be relevant?

Strata Property Act (http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20S%20--/Strata%20Property%20Act%20SBC%201998%20c.%2043/00_Act/98043_01.xml)

(2) An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

or...

(1) An owner, tenant, occupant or visitor must allow a person authorized by the strata corporation to enter the strata lot
...
(b) at a reasonable time, on 48 hours' written notice, to inspect, repair or maintain common property, common assets and any portions of a strata lot that are the responsibility of the strata corporation to repair and maintain under these bylaws or insure under section 149 of the Act.

It doesn't seem relevant because my bathroom and her bathroom are not strata property.. or is it?

[Special K]

Oh, the unit upstairs does not have insurance... :failed:

[Graeme S]

Does your strata require you to have insurance? I know a lot do, and if she doesn't, she's in for a fine and (pretty soon) a small claims suit, I'd guess.

[Tim Budong]

Im pretty sure most stratas require confirmation of insurance every year
fines are pretty hefty if there is no insurance

[Alby]

not sure if this can apply but its worth a shot. collect the brown water in a jar and send it off for testing. a safe route maybe through vancouver coastal health saying water is being leaked into your unit and you have sanitary and health safety concerns.

[quasi]

Im pretty sure most stratas require confirmation of insurance every year
fines are pretty hefty if there is no insurance

I never had to give confirmation of insurance when I owned my townhouse.

I actually had a similar experience as the OP except I was the guy that leaked on my neighbor below. Had just moved in, had renovated prior to moving in and when the dishwasher was hooked up the hose wasn't secured. I started the dishwasher left the house, came home to a flooded kitchen. It leaked through the neighbours ceiling. I was lucky because where I worked, I just sent some guys over to fix it who I worked I with.

[godwin]

Call your insurance company and let them deal with her insurance company and take her to court.. that's the easiest.

[Special K]

Call your insurance company and let them deal with her insurance company and take her to court.. that's the easiest.

She has no insurance...

[godwin]

The pretty much it is small claims and you have to wait on her.

Just an example to get insurance..

She has no insurance...

[Nlkko]

shit water and bugs, that sounds horrible :(

[godwin]

Wait.. who is "she" (your mom or the other person above you?)? if you have insurance.. that's fine.. call them.. they will fix your place and sue her to recover the money.

She has no insurance...

[Special K]

My mom has insurance. The owner upstairs (she) has no insurance.

It's extremely annoying that upstairs is on the driver seat. Even if we repair our end, her pipe upstairs is still leaking and it's not even a band-aid solution.

:okay:

[MindBomber]

Unfortunate situation, but your issues are pretty minor; it's not like a pipe has burst and is flooding your unit.

I would; take a quick picture of the present condition to present in small claims, put on gloves and wrap the pipe with electrical tape or use hose clamps to hold on a rubber patch, and seal off the hole in the ceiling with plastic and tuck tape. A temporary repair will solve your immediate complaints and ease your mom's stress level. 15 minutes worth of work and $10 or less, pretty simple.

[Nlkko]

Do what Gridlock said. Most problems will be magically solved when you mention the word "lawsuit".

[noventa]

My mom has insurance. The owner upstairs (she) has no insurance.

It's extremely annoying that upstairs is on the driver seat. Even if we repair our end, her pipe upstairs is still leaking and it's not even a band-aid solution.

:okay:

I don't understand. Since you are insured, why isn't your insurance company rectifying the situation for you?

[godwin]

Easy then just call your mom's insurance company, DON"T touch the damage until the insurance company has seen it and documented it. They will send remedial / restoration company to fix it promptly and charge the owner upstairs. It is not rocket science.

My mom has insurance. The owner upstairs (she) has no insurance.

It's extremely annoying that upstairs is on the driver seat. Even if we repair our end, her pipe upstairs is still leaking and it's not even a band-aid solution.

:okay:

[quasi]

What happens when it leaks again? It sounds like it's leaking from his neighbours unit, she wouldn't provide access for his plumber what do you think she's going to say when the insurance company sends someone over? It doesn't sound like she's going to let them in to fix the main issue. You going to keep fronting those deductibles, the insurance company isn't just going to waive them and say we'll collect from the upstairs tenants. They will reimburse if they collect but that's a big if, it sounds like the upstairs tenant isn't going to cooperate.

I feel for the OP, obviously the first step is getting the upstairs tenant to fix the leaking issue. Until that's fixed no point in repairing the drywall. I would do what mindbomber said and temporarily put up some poly or something so you can still use your washroom. Document everything, if she doesn't fix it in a reasonable time you can go after her for more then just cosmetic damage to your bathroom.

[melloman]

My mom has insurance. The owner upstairs (she) has no insurance.

This is what you do:

1.) Write a "letter" that says: "You have 3 days to fix the water leak problem, if this is not done in 3 days a lawsuit will be slipped underneath your door for ALL DAMAGES.
2.) Make a copy for yourself & for the strata.
3.) Go give her the fucking letter.
4.) Call up your insurance company and tell them and your going to sue the cunt if she doesn't handle shit NOW.
5.) Have a coffee. :)

She doesn't have insurance, so I'm sure when she see's a piece of paper threatening a lawsuit, she'll take her head out of her ass.

[Lomac]

Out of curiosity, would a building's strata have any say or responsibility in a situation like this?

[dinosaur]

how old is the building?

[Special K]

The building is almost 15 years old. But I haven't heard of leakages in the building until the unit directly upstairs decided to renovate their place and possibly fucked up both bathrooms.

Couple years ago my other washroom had a similar leak and was fixed.

Why did you fail melloman's suggestion dinosaur?

[dinosaur]

I think you need to deal specifically with the strata\building management company. Call the head office...non-stop until you get in-touch with the property manager who oversees your specific property.

People are so quick to throw "lawsuit" out there. Everyone wants to sue this person, sue that person, threaten to sue to for this or that. You need to step back and really look at what is happening. YES, this is kinda gross and and hassle , but it is nothing to have a brain aneurysm over.

You are not going to be able to dictate who they hire to fix the problem, the only thing you have the right to request is that the plumber is certified.

DO you REALLY want to spend time and money dealing with lawyer (who won't give a shit) and filing a lawsuit? come on...

[melloman]

The point isn't to pay money to a lawyer.

It's an empty threat that will either get your problem fixed quicker, or leave you at the stalemate your currently in anyway.

[Lomac]

The point isn't to pay money to a lawyer.

It's an empty threat that will either get your problem fixed quicker, or leave you at the stalemate your currently in anyway.

But what happens if the other owner calls your bluff? Suddenly you're either stuck forking out money to hire a lawyer or simply looking like a douche after throwing out an empty threat. Chances are they wont take you seriously once you start asking for certifications and whatnot.

[melloman]

If my unit was to get shit-water all over, and they called my bluff;

I'd go to small-claims court and sue for damages to interior surfaces, clean-up of un-sanitary waste, and loss of pay to deal with this issue.

Small-claims court = no lawyer. Lets not forget.

[smoothie.]

Must be our young generation lawsuit happy.

But aside from routing the leak back upstairs to them, you absolutely have to light a fire under their ass or you gon get fucked with nothing in return.
Posted via RS Mobile

[Special K]

I understand filing a lawsuit or going to small claims court would be my last resort. We are neighbours and the best solution would be to negotiate and cooperate.

The fustrating part is that I cannot dictate any action. And upstairs can continue to play games unless the strata take enforceable action.

The challenging part is to engage with upstairs and strata to fix the leakage ASAP, without looking like I am harassing them every hour.

[melloman]

Goodluck.

As you can clearly tell I am an asshole.. but I get shit done, and it happens quick.

Don't forget to TRY then to get some compensation from the strata/unit owner/property owner for the damaged ceiling and if your flooring got damaged. Goodluck on this too. (Might see it in like a year or 2)

[noventa]

man, if I had shit leaking through my roof i would be pissed off.

[dinosaur]

man, if I had shit leaking through my roof i would be pissed off.

Hell yes, I'd be pissed off too.

But screaming and yelling "lawsuit" and losing your shit is a rather immature way to deal with the situation.

You don't "get shit done" by throwing a temper tantrum.

You "get shit done" by being calm, professional, and contacting the correct resources to fix the problem.

[miss_crayon]

Kinda off topic but still relevant-ish....but why anyone wouldn't have insurance when living in a strata building is beyond me.

Water leaks/floods happen all the time whether it's from legit accidents (laundry flood/dishwasher/etc) or from STUPID people who for some reason it's a good idea to hang their clothes on the sprinkler heads, or turning on the water reserve from the roof for funsies (like one of our buildings in YT that was all over the news awhile ago; we had JUST installed new hardwood a week before it happened but luckily our suite escaped any major damages)

The amount of $$ you pay for your insurance is peanuts compared to the damages that might occur if something BAD did happen.

Anyways, OP I hope you get things figured out and fixed. There's nothing worse than dealing with a homeowner/tenant who doesn't follow the rules for one and who is not cooperative when shit hits the fan (literally).

[corollagtSr5]

Theres a grow op upstairs and its almost time for cropping thats why she's taking her time. The so called shit water is soil water. That's also the reason why she doesn't want you entering her suite with your plumber. :troll:

[dark0821]

OP, i dont know about your building specifically, but for my family when we had a similar situation, well, our problem was we saw some cracks in the walls.

I also called/emailed my strata multiple times to no avail. It wasn't ratified until I got to meet our building manager. (not our building elected council members) but the manager who our management company hired to oversee our building.

What I ended up doing was me taking a few photographs of the wall, uploaded to my ipad. Drove over to our management company, waited there until the manager was ready to see us.

note, i didnt go in there yelling and swearing. (but i guess our situation was not nearly as bad as yours) But I was polite and dressed professionally. I just wanted the problem solved. Once our manger was notified of the situation. He apologized for the delays and had an inspector come to our unit the very next day.

that was my experience, good luck OP! (skip the strata, go straight for management)

[Tapioca]

Out of curiosity, would a building's strata have any say or responsibility in a situation like this?

I would think that the floor between the two suites would be considered "common property" which would then create obligations on the part of the strata/property management company to become involved, at least as a liaison or mediator between the two property owners.

I think the OP should check his bylaws to see what the strata/property management company's obligations are in situations like his.