Tenant frustrated HOA failed to fix drainage issue in unit
Q: My homeowners association (HOA) agreed to fix a leaky air conditioning drainage line that ran between floors. It causes flooding in my unit every summer. They set up a repair date but eventually canceled the work. Like clockwork, my place flooded again while I was out of town.
Turns out they didn’t do the work because of fear of asbestos. They never told me they didn’t do the work, and I assumed they finally fixed the problem.
This same leak has happened again and again. As for the asbestos, I had it removed years ago when it was disturbed by this same problem. What can I do?
A: From where we sit, it’s hard for us to judge why your homeowners association hasn’t repaired your leaky air conditioning drainage problem. Certainly, it’s not fair to you to have to deal with the water issues constantly. You should expect that your HOA will take care of the issue — especially since it agreed to, and actually set a date for the repair.
Asbestos continues to scare a lot of people. When wrapped or contained appropriately, asbestos shouldn’t cause a health issue. The danger is when the fibers become airborne and are ingested.
So, we get why the HOA might be worried, especially if asbestos has been found in other parts of the building. But you said you removed your asbestos. Have you told that to your HOA or the property manager? It’s possible that while you removed your asbestos, the association might have to deal with the asbestos issue elsewhere while they fix your water issue. As you know, asbestos removal can add significantly to the cost of a repair.
You mentioned that your unit “floods.” Is that word choice appropriate? There’s a big difference between a water leak and a flood. If you came home and sloshed around in a foot of water, that’s a huge problem compared to a small, intermittent drip down a wall.
Both issues cause damage. True enough. But one is far more annoying and dangerous. If you haven’t already, you might want to show photos and video of the damage to the HOA so the board understands just how much water is involved. And, how much you pay each year to remediate the damage.
Our recommendation is to talk to your association again. Calmly. Stress that the water problem they agreed to fix should be addressed as soon as possible. Make sure they understand you have already removed the asbestos in your unit. (If you have paperwork proving that, make sure you show it to them.)
You might also ask what alternatives are available for draining the air conditioning units that would eliminate the water problem for you and avoid dealing with any lingering asbestos issues.
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