04/11/2018 at 7:34 am #1042playaweathermanParticipant
We are at our wits end and are looking for recommendations for dealing with our situation. We live in a small, 8 unit condo building. The owner above us has repeatedly had water leaks in his bathrooms that are causing considerable damage to our bathrooms. We have emailed him and talked directly with him about this. He refuses to fix his leaks, accept responsibility, and will not pay for the damages that he is causing to our condo.
We are full time residents originally from the United States; he comes from Canada every few months and stays for a week or two at a time. We are not familiar with Mexican law and norms for this type of situation. We have contacted our insurance company and they say they do not intervene in such situations, they just pay to repair the damages. Our condo administrator has no power to do anything either; their focus is on common property issues, not individual owner’s issues.
We consulted with an attorney and opened a case with the Ministerio Público who came and took photos of the damage; but other than that, there has never been any follow up from the attorney or the Ministerio Público. We also met with the U.S. consular agent in Playa del Carmen. They indicated that they have no authority in Mexico, but could provide us with resources. They gave us a list translators and promised to remind the Ministerio Público about the case we filed with them.
Any recommendations/solutions or shared similar experiences on how you resolved the issue would be greatly appreciated. We are considering selling our condo and leaving Mexico. We really do not want to do that, but have been dealing with since January 2018 with no end in sight.
Thank you in advance for your guidance and assistance.
Playa Weatherman and PuertoDise
_____________________________________________________________04/11/2018 at 11:10 am #1043Murray185Participant
So sorry that your upstairs neighbor is being a real a**hole and the condo association has so far been no help. Common sense would indicate that it would be in all owners benefit to solve the problem. All I can suggest is you talk with the other owners and as a group you request he fix his water leaks. That might work and failing that the condo association should have the water turned off to his unit until fixed. Otherwise a visit from BuBa with a baseball bat might encourage action. Hope you find a solution.04/11/2018 at 1:08 pm #1045susiejParticipant
When this happened to us repeatedly we also looked into having their water turned off which we were informed was illegal by the administrator.07/11/2018 at 6:48 am #1061playaweathermanParticipant
Thank you for the responses.13/11/2018 at 6:52 pm #1112Uno MasParticipant
Offer to fix it for him? A few hundred bucks for your sanity may be worth it.15/11/2018 at 2:40 pm #1125oldpanuchoParticipant
All you need to do is have the strata corporation use monies from their hopefully robust contingency fund to repair the damage. Then they can add the charge to his strata fees .If he doesn’t pay then he can be evicted and his unit sold off under the strata act. Ha Ha just kidding.Its Mexico !
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