Pipe Leakage From Unit Above (Condo)

[Lauer 15]

Hi Smart User,

Do you mind sharing what they have done to the above unit and your unit? inject forms/ chemical into the concrete or hacking and relaying the cement and tiles?

How you get the MC to do it for you for free? Can you pm me if is ok?

Regards,

My guess is that the MC assigned the waterproofing warranty to the upper unit.

In other words, the leak was repaired by the developer (via its waterproofing subcontractor); very proactive MC in this case.

Cheers!

[Lauer 15]

In general, leakage due to waterproofing defect or wear-&-tear, cost is apportioned 50-50. However, it could be apportioned differently as illustrated in the following case.

http://www.mnd.gov.sg/stb/judgment/archive/2000/STB_39_of_2000_-_Elmira_Heights_(dated_30_Apr_2001).pdf

Leakage due to water piping defect or wear-&-tear, cost is apportioned to the upper unit 100%.

Cheers!

[KenCan 1]

Hi Smart User,

Do you mind sharing what they have done to the above unit and your unit? inject forms/ chemical into the concrete or hacking and relaying the cement and tiles?

How you get the MC to do it for you for free? Can you pm me if is ok?

Regards,

[smart_user 0]

Sorry for disappering for a while...a lot has happened lately with life and work.

OK, regarding the leakage issue....finally the MC gave in and took the initiative to fix it for me instead of pushing the above unit to settle it. The $50 from upstairs unit was passed to MC. I also passed $30 as coffee money to the poor workers who spent whole day fixing the above unit pipes from my unit.

It was still not the most ideal solution, but one that saved me a lot of trouble.... Bumping into them now in the lift is never the same pleasant experience anymore...I still can't believe how uncooperative they were despite me talking to them nicely.

[sandywu 0]

This is straight forward case. The upper unit is responsible 100% if it is a pipe leak. Just get your Managing Agent to turn off water supply to upper unit's flat. If the seepage stop, it is so clear cut case. There is no way you can repair a leaking pipe upstairs from your unit.

The MC should be able to solve your problem and they normally push it to the Managing Agent. Unfortunately, many of them are not trained or not well verse with the rules in this area to convey the message strictly to the upper unit owner. At the end of the day, the lower unit owner suffers. There should be courses conducted for Managing Agents on inter floor seepages as this is a real problem happening everyday and it is increasing due to the number of units in Singapore.

Since your upper unit is not co operative, send a letter stating that if he does not respond within 3 days (after you have sent ample notices, and make sure you have the proofs like pictures & notices), submit an application to Strata Title Board and claim the $500 against the lower unit owner. He refused to have a joint inspection with you or even hire a plumber to sort out the problem. As it is, he is already un cooperative. This is alot cheaper than hiring a lawyer.

Probably u can call speak try to be friendly and explain to them personally. If they still insist on paying only $50, tell them the relevant charges involve, $500, with all the repair cost, plust ur damages. Probably all those will add up to a couple of thousand. See if they will still stand firm on that $50.

If you got the black and white, will be better.

[househeadaches 0]

This is straight forward case. The upper unit is responsible 100% if it is a pipe leak. Just get your Managing Agent to turn off water supply to upper unit's flat. If the seepage stop, it is so clear cut case. There is no way you can repair a leaking pipe upstairs from your unit.

The MC should be able to solve your problem and they normally push it to the Managing Agent. Unfortunately, many of them are not trained or not well verse with the rules in this area to convey the message strictly to the upper unit owner. At the end of the day, the lower unit owner suffers. There should be courses conducted for Managing Agents on inter floor seepages as this is a real problem happening everyday and it is increasing due to the number of units in Singapore.

Since your upper unit is not co operative, send a letter stating that if he does not respond within 3 days (after you have sent ample notices, and make sure you have the proofs like pictures & notices), submit an application to Strata Title Board and claim the $500 against the lower unit owner. He refused to have a joint inspection with you or even hire a plumber to sort out the problem. As it is, he is already un cooperative. This is alot cheaper than hiring a lawyer.

[househeadaches 0]

Statutory presumption of liability for inter-floor leakages

31 The Committee has heard that in disputes over inter-floor leakages, the fault is usually with the upper floor unit. This is so in the majority of such disputes heard by the STB. Despite this, the upper floor unit owners tend to be uncooperative, and drag on the dispute resolution process unnecessarily. Therefore, the Committee is agreeable to the proposal that the Bill attributes a rebuttable presumption of liability to the upper floor unit owner for such cases that are handled by the STB.

32 Sir, this presumption of liability will make upper floor unit owners more responsive to lower unit owners who have to bear with the inconvenience and distress as long as the leakages remain unresolved. This will facilitate and expedite the resolution of such disputes.

[smart_user 0]

I'm so deeply depressed. The leakage saga is not solved yet.

• My super brainless neighbour above is willing to compensate $50 only and asked me to top up whatever difference if more than $50, or keep the change if it's less than $50. It was truly an insult and I was left speechless
  
• I checked with BCA and BCA suggested I contact STB (Strata Titles Board) who will act as law enforcer
  
• The problem is: application thru STB costs $500 and every hearing costs $300. Who's gonna bear this cost? I hv to pay upfront
  
• The cost of fixing the leakage from the numerous contractors I have searched so far is around $300 (the cheapest quote to date)

I feel so "geram" and helpless. The MC of my condo cant do much...they tried to help me talk to the owner above and again the same answer was given abt the $50 compensation. I feel like choking her to death

Any advice? Thanks

Edited April 13, 2012 by smart_user

[eastern 0]

MC= managment council

haha... like that you got a difficult neigbour to deal with..

Did the estate managing agent (M.A) come to your place to carry out an investigation to establish the cause of the leak ?

After that M.A will Coordinate give both party a letter.

If really can't solve you can go to BCA or get lawyer to come in.

All the damage and repair cost at your place cause by the leaks can claim from them.

It is really long process...

For your info I encountered 4 times with different condo with leakages above problem but all solved the longer took me 3 month.

after warning them with lawyer letter.

I think your previous owner also can't solve the problem

good luck!

Thanks guys....

Btw what is MC?

I have tried to contact the unit above...rang the doorbell, knocked on the door, yelled "hello and excuse me" and as expected, nobody came out to answer the door eventhough I could hear the children inside and TV. Hmmm...not a good sign and I'm a new neighbour here

[smart_user 0]

Thanks guys....

Btw what is MC?

I have tried to contact the unit above...rang the doorbell, knocked on the door, yelled "hello and excuse me" and as expected, nobody came out to answer the door eventhough I could hear the children inside and TV. Hmmm...not a good sign and I'm a new neighbour here

[eastern 0]

your M.A still sleeping ...

If I not mistaken the rule implemented by BCA on year 2004

Inter-floor leaks

If there is an inter-floor leak, you and your neighbour are required to jointly carry

out an investigation to establish the cause of the leak and proceed with the repair

works. You should also both resolve the cost of repair. In cases like this, it is presumed

that the leak has originated from the upper floor unit unless the owner can

prove otherwise. Therefore, the owner of the upper floor unit cannot claim that

the leak has not originated from a defect in his unit. He has to jointly investigate

the cause with his lower-floor neighbour and proceed with any repairs required.

Compliance with notices

You must comply with any notice served by a public authority in relation to the

maintenance of your lot. If you fail to respond to such a notice, the MC may arrange

to have the required works carried out and recover the costs incurred as a

debt owed to the MC from you [SECTION 30].

By-laws

Dear All,

I have a problem here...the pipe from unit directly above mine is leaking and causing a stain on my false ceiling. I live in a condo unit.

Who is supposed to pay for the repair work? I consulted with the building management and he was telling me that the bill is supposed to be split 50-50% between me and owner of the unit above. Is this a common practice?

I heard from some people that if the pipe belongs to other unit and causing damage to your unit, then the other unit's owner must pay up for the repair work. And this is exactly what I did when I stayed at previous condo...I paid up full for the repair work to the unit below me bcos of the waterproofing issue with my bathroom.

Appreciate help and enlightenment from members here...thanks

[pantieileen 2]

This 50-50% rule is super old rule no longer valid. Usually the floor above pays 100%

[eastern 0]

Statutory presumption of liability for inter-floor leakages

31 The Committee has heard that in disputes over inter-floor leakages, the fault is usually with the upper floor unit. This is so in the majority of such disputes heard by the STB. Despite this, the upper floor unit owners tend to be uncooperative, and drag on the dispute resolution process unnecessarily. Therefore, the Committee is agreeable to the proposal that the Bill attributes a rebuttable presumption of liability to the upper floor unit owner for such cases that are handled by the STB.

32 Sir, this presumption of liability will make upper floor unit owners more responsive to lower unit owners who have to bear with the inconvenience and distress as long as the leakages remain unresolved. This will facilitate and expedite the resolution of such disputes.

Dear All,

I have a problem here...the pipe from unit directly above mine is leaking and causing a stain on my false ceiling. I live in a condo unit.

Who is supposed to pay for the repair work? I consulted with the building management and he was telling me that the bill is supposed to be split 50-50% between me and owner of the unit above. Is this a common practice?

I heard from some people that if the pipe belongs to other unit and causing damage to your unit, then the other unit's owner must pay up for the repair work. And this is exactly what I did when I stayed at previous condo...I paid up full for the repair work to the unit below me bcos of the waterproofing issue with my bathroom.

Appreciate help and enlightenment from members here...thanks

[smart_user 0]

Dear All,

I have a problem here...the pipe from unit directly above mine is leaking and causing a stain on my false ceiling. I live in a condo unit.

Who is supposed to pay for the repair work? I consulted with the building management and he was telling me that the bill is supposed to be split 50-50% between me and owner of the unit above. Is this a common practice?

I heard from some people that if the pipe belongs to other unit and causing damage to your unit, then the other unit's owner must pay up for the repair work. And this is exactly what I did when I stayed at previous condo...I paid up full for the repair work to the unit below me bcos of the waterproofing issue with my bathroom.

Appreciate help and enlightenment from members here...thanks