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Flux Capacitor

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I own a condo unit that has the roof top pool constantly leak into my unit. Its never a simple drip. It's like an open sprinkler system.

I have written to the board, property manager and they have even gone as far as hiring an engineer. But still no luck.

The building has always stepped up and fixed any damages, but after 5 times in 7 months, this is becoming a pain in the ass..

The building will NOT a guarantee 100% elimination of future leaks. And I just had my last flood yesterday morning.

What rights do i have to pressure the board and the building to fix this? Does the board need a permit to have the pool operational?

Thoughts? Advice?
 
^^^
Wow, I truly sympathize with you.
That said, the building cannot guarantee 100% elimination of future leaks and I am sure that you realize that.
Now, at least they are trying to fix the damages. However, after 5 attempts, you have a right I would think to insist that a structural engineer be brought in with expertise in the field and that a proper remedy done.
If not, I would think that you should be in a position to demand that the condo corporation pay for you to live elsewhere while damage is repaired (which costs all of your fellow condo unit owners and you money to be remembered) and that they make good on the repairs going forward.

I hate to say this but when the problem is fixed for 6 months, I would seriously think about selling and getting out of there. The problem is that the new buyer would have to buy the explanation that the problem existed but it has now been fixed.

Unfortunately, short of hiring a lawyer, expensive for you (and you and all the other owners will be paying for the condo lawyer to fight you), you are really stuck I think.

The above said, it is certainly not reasonable after 5 leaks to have you keep putting up with this. I think at this point, you should ask that they close the pool, drain it and have it fully inspected and remediated. You won't be popular in the building but this is your best bet. Just my view.
Maybe you want to write to the star or one of the papers and ask their lawyers. I think some of the papers have lawyers who answer condo law questions and you may get some free advice this way.

Good luck. You certainly have my sympathies.
 
You're not alone, these pools (in condo buildings) seem to leak ALL the time. If it's an outdoor pool the concrete can expand, contract and then crack (hairline) with the filling and emptying cycles of the seasons. If the crack is repaired and the leak goes away don't be surprised if it returns after the next cycle. If it's an indoor pool and filled all the time, it should be easier to repair.
 
You can hire a lawyer to ask for damages where appropriate and ask the board to fix the problem permanently.
 
^^^
Lawyer will just cost him money and they are doing the repairs. I would proceed with a letter insisting they get a structural engineer to properly assess the issue and fix the problem since to date it has been unsuccessful.
If necessary, then I would go to a lawyers letter. Problem is he will end up with alot of expense and it will drag as the condo hires its solicitors and the costs could become prohibitive.
Again, as cost I am sure is a concern for you, I would try to get the free advice from the lawyers who write for the Star on condo law. I believe it is a Bob Aaron.
He may be willing to give you a preliminary opinion at no cost and then if you get nowhere, then you will have to decide how you wish to proceed.
 
I never imagined this could happen. I live three floors directly blow an indoor roof pool in a high-rise built in 1972. I think it's time raise the insurance coverage on my personal effects.
 
Interested, doesn't Aaron right the homes legal column and Gerry Hyman does the condo one? Or maybe they both do condos!

Here's the contact info given for Hyman:
Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492. Letter volume prevents individual replies. Lawyer Gerry Hyman is an expert in condominium law.
Click to expand...
 
Pink Lucy,
You may well be right. I just remembered the name off the top of my head. If it is Gerry Hyman, then he should contact perhaps him.
Anyhow, I sure do empathisize Flux Capacitor.\
Once would be annoying but 5x!
I would be pulling out the littler hair I have left.
 
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