Who Is Obligated for Flooding in a Storage Unit I Own? The HOA or the Landlord Who Owns 2 Apartments in the Building?

Question:

Hello Rabbi, Around half a year ago a leak was discovered in the storage unit I own under a neighboring building. I turned to the HOA and to a landlord that owns 2 apartments in the building (18% of the building). Each side claimed that the leak was the responsibility of the other side, and I was left with no response for a number of months. In the end it became clear that the source of the leak was a shared sewage pipe that disconnected, and the sewage flowed into the storage unit, causing damage to the items.
My questions:
1. Does the landlord, who holds a significant piece of the building, have the obligation to work with the HOA regarding this matter?
2. Do I deserve compensation for the time in which I could not use the storage unit?
3. Who is responsible to reimburse for the damage caused to the items - the HOA or the landlord?

Answer:

Hello,

It hurts a lot to read about the suffering you are encountering.

It is obvious that when dealing with monetary law – I cannot answer your question without hearing from both sides.

Fundamentally, the matter is of course dependent on the question of where the leak was coming from. If the leak was from his apartments – he of course is obligated to repair the items and compensate you for the damage caused to you. If the leak was not from his apartments – he is not responsible for the matter, the HOA is the one who is negligent.

From your words it seems that the one who is responsible is the HOA, for the sewage pipes are their responsibility. But as stated, I haven’t heard all sides.

I hope that you merit to have justice rest amongst you, thereby bringing peace.

All the best,

Rabbi Yuval Cherlow, Head of the Tzohar Ethics Center