Pro Painters, Inc.

Facts - [redacted] is not an owner on record. - Owner on record is [redacted] and [redacted]. - Owners [redacted] and [redacted] were billed [redacted] Invoice no.[redacted] for $634.31 dated 2/21/17 on March 8, 2017.  - [redacted]’s plumbers write up clearly [redacted]s “Arrived onsite...

to perform a leak search and found it coming from a corroded galvanized nipple on the inletvside of the p-trap for the bathtub of Unit [redacted].  It took a while before coming to an agreement with the owner of the unit as far as payment is concerned.  I then cut out the ptrap and replaced with ABS material.  Work was difficult due to space.” - Our office has not received any notice of disputing of the plumbing amount until August 1, 2017 at 9:09pm from [redacted] via email [redacted] EMAIL BELOW: [redacted]
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[redacted] To whom this may concern, We are writing in response to the letter and invoice attached and request clarification for the reason we are responsible for this bill as we did not request the plumber. The neighboring unit initially requested the plumber and requested access to our unit for their plumbing issue. In the process of probing or snaking our drain which we did not request, the plumber broke or punctured our pipe. We were notified and arrived at the property and clearly advised that we did not authorize the repair and the responsibility for damages in our unit caused by the plumber but was disregarded as you had advised that it had to be repaired by the same plumber right then and there to stop the leak. There was no previous issue or leaks until they performed their work which broke our pipe therefore we should not be responsible for the invoice referenced in this attachment. Please send, cite or reference by-laws and or other rules that were sent to [redacted] supporting your accusation of our responsibility. If we do not hear back from you prior to the deadline on the notice and allowed reasonable response time, we will not be held accountable for the attorney fees and late fees as there was no response to our [redacted] company and other emails we sent regarding this invoice until yesterday/today as the letter was forwarded by [redacted]. I have emails, dated envelopes, certified mail slips as documentation that no explanation and response was provided in relation to this invoice and accusation of responsibility after [redacted] sent their response or verdict on the case/claim to you office. No response or explanation provided when I had emailed you folks. - The p-trap services Unit [redacted] only. - The homeowner’s [redacted] policy with [redacted] has denied the claim. - The Association’s deductible to file a claim is $5,000 (which the plumbing bill does not supersede) - [redacted] has submitted a letter dated May 23, 2017 via email received on 7/28/17 denying the claim for such reason: “Based on our investigation and understanding of the facts of loss, it is our determination our insured would not be found legally responsible for the damaged claimed.  The loss occurred from work performed by a plumber who was trying to clear a clog to a neighboring unit.  The plumber broke the pipe in our insured’s unit.  In reviewing the by-laws there is no language contained that puts our insured responsible for the damages being claimed”.The Association’s governing documents DO support the bill back to apartment owner. - Association Declarations, Section (2) Maintenance and Repair; Paragraph (B) [redacted]s: “All the repairs of internal installations of the unit such as water, light, gas, power, sewage, telephone, air conditioners, sanitary installations, doors, window, lamps and all other accessories belonging to the unit area shall be at the owner’s expense.” - Association First Amendment to the Bylaws, Section (2) Maintenance and Repair; Paragraph (A) [redacted]s: “Every owner must perform promptly all maintenance and repair work within his own unit, which if omitted would affect the project in its entirety or in part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so may engender.” - Associations Second Amendment to the Bylaws, Section (7) Access for Emergency Repairs [redacted]s: “The apartment owners shall have the irrevocable right to be exercised by the Board of Directors to have access to each apartment from time to time during reasonable hours as may be necessary for the operation of the Project or for making emergency repairs therein necessary to prevent damage to the common elements or to another apartment or apartments.” - Associations Second Amendment to the Bylaws, Article V Obligations of Apartment Owners, Section (2): “Every apartment owner shall at the owners own expense at all times well and substantially repair, maintain, amend, and keep the apartment, including without limitation all internal installations there in such as water, electricity, gas, telephone, sewer, sanitation, air conditioning, lights, and all other fixtures and accessories belonging to such apartment and the interior decorated or finished surfaces of all walls, floors, and ceilings of such apartment, with all necessary reparations and amendments whatsoever in good order and condition except as otherwise provided by law or the Declaration, and shall be liable for all loss or damage whatsoever caused by the owners failure to perform any such work diligently, and in case of such failure, after reasonable notice to perform, shall reimburse to the association probably on-demand all expenses incurred by it in performing any such work authorized by the Board of Directors or the managing agent. Every apartment owner and occupant shall reimburse the association probably on-demand all expenses incurred by it in repairing or replacing any uninsured loss or damage to the common elements or any furniture, furnishings, and equipment there of calls by such owner or occupant or any person under either of them and she'll give prompt notice to the managing agent of any such loss or damage or other defects in the project of when discovered.”The plumbing work performed does not [redacted] anything of unclogging a drain, it was to determine source of a leak.  Therefore, [redacted] performed work to stop leak found in the bathtub p-trap that services Unit [redacted] only.  Apartment owner's [redacted] and [redacted] are responsible for this invoice as well as the repair invoices yet to be billed to them from [redacted] for the repairs from this water leak into Unit [redacted], whether their [redacted] company disagrees with the billing.  If the owner fails to reimburse the Association for work performed to their apartment, it will be sent to legal for collections and they will be responsible for the legal expenses incurred.

Hi,I can request a [redacted] from my tenant explaining there were no leaks until shortly after the plumber asked her to enter the unit and performed work that was requested by the neighboring unit. Also the was no flooding to the dowstairs unit until shortly after that. Are yoi able to verify that the plumbers were called for or by the neighboring unit? They are omitting that information and that they requested to enter our unit and we did not call for a plumber. The leak had occured when when were notified the second time  and plumber was already there or still there from the previous work he was performing for the neighboring unit. Thanks,[redacted]

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[redacted]   Hi,   We have forwarded this most recent response from the business to [redacted] as advise by our agent and we will get back to them after review.   I, [redacted] am the daughter of both [redacted] and [redacted] and am authorized to handle their affairs with the property they own. As we are out of [redacted] until and will do not have access to a printer or scanner, we can and will send a letter confirming and authorizing me to handle these matters. They had spoke to me the day of the incident with [redacted] present at the property also. If a video of [redacted] giving authorization is acceptable in lieu of the letter then we are able to produce that quicker with our phone and email.    There was no previous leak or damage to to p-trap until the plumber snaked the drain in our unit. We had no issues prior and we did not call the plumber -they asked our tenant to enter our unit due to an issue or call by the neighboring unit.  Shortly after they snaked or performed work in our unit that we did not request, they leak occurred down stairs into unit 105. This is not negligence on our part. I don't think all the information regarding how the pipe was damaged initially is being reported  honestly. The case has been handled and disputed by our insurance company and we have emailed and forwarded the letter which they also mailed and we emailed once the insurance company notified us that we were not responsible. Are they able to provide emails and back up documentation that they responded to [redacted] and us prior to this compliant? Thank you, [redacted]