Hey folks,
I have a question about how to handle a potential dispute regarding a damaged party wall. Here's the background of the situation:
My next door neighbor had a plumbing leak a few weeks back. Water came under the wall and pooled on my side of the wall. Within a day or so, the neighbor had the leak fixed (at least to the best of my knowledge... there's no new water coming through). I let the neighbor know that we'd watch the wall and see how things dried out. If there was no permenant damage, then no harm done. If the sheetrock rippled or molded, that would require some repair.
After a few days, mold grew from the inside of the wall through the sheetrock, and became visible on the interior of my unit. I had a contactor immediately remove the affected sheetrock. I also had him thoroughly spray the entire area with anti-mold fungicide.
I called the neighbor, who is not an owner, but a tennant. However, her mother is the owner. I asked that she put me in touch with the owner, which she said she'd do within a few days. I never heard back. After calling a few more times and leaving messages, I received a call two weeks later from the tennants father. (Please note: the father is NOT an owner - he's the owner's exhusband.) Thus, he couldn't make any decisions.
I finally got the owner's phone number. I'll be calling her in the next few days. My hope is that the situation remains neighborly and friendly. However, it's been several weeks, and no one has fixed the damage. No one's offered to fix the damage. No one's contacted me. No one has a plan.
I read today in the association CC&R's that arbitration regarding disputes about party walls is to be handled as follows:
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this article, each party shall choose one arbitrator, and such arbitrator shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. Should any party refuse to appoint an arbitrator within 10 days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party. Said arbitrators shall render a decision within 30 days after appointment.
Does anyone know the historical interpretation of this? As I read it, it seems that both I and my neighboring owner each choose an arbitrator... is this necessarily another association member? ... any random person of our choosing? ... legal coucil? This each of these arbitrators chooses an additional arbitrator. Do these four people simply hear us out and vote? Are we then legally bound by their decision?
Any insight you might have about this would be appreciated. By the way, I certainly hope things don't go this far. I'm not looking for a payday - I just want the wall fixed properly.
