Q: Can I be held responsible for damage to my neighbors unit?
I live in a Common Interest Community; and have been accused of putting materials [such a paint, drywall, construction materials, etc...] down the drain. There was damage to their bathroom with this stuff coming up out of their drain. The plumbing is shared between mine and the neighboring unit. I have NOT been putting foreign materials down the drain - but I did go through some renovations recently.
The tenant that was there prior to the new owners coming in, was forced out after 14 years of residing there - which he was clearly upset about. The issue came up around the time he was moving out. I just find it odd timing. Now, I am having the same issue where I have soot and debris coming out of my drains.
The neighbors complained to the HOA, I received a notice via email that I'm responsible. I'M NOT! I haven't put anything down the drains. I am waiting for the plumber to come and assess the situation.
What, if any, are the legal ramifications or recourse for or against me?
A:
I'm sorry for your difficult situation. You could ask to see the report and conclusions of the plumber whose determination is used to establish liability. If those findings are against you, you could consider the option of contacting a plumber of your own for a second opinion. If some sort of compromise is possible where they concede your point about a disgruntled prior occupant (and the damages alleged are not out of hand), as a matter of practicality, that might be an option that could serve toward preserving relationships where you have to continue living. Good luck
Tim Akpinar
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