HVAC leak on 4th floor caused damage to our ceiling 2nd time

[Chinku Prasad]

Hi All,

I am new to this forum and looking for some help with this issue that i have with my condo that is rented out. About a month ago our renter called to say that the water is leaking through the air vent from the ceiling. They went upstairs and found out that the HVAC unit was clogged two floors above us that caused the water to leak into our unit. The owner whose HVAC was clogged has been uncooperative and is refusing to pay us the cost of the damages. They now say that we need to do technical analysis to prove water is coming from their unit and not from any other unit.

We have cracks into our ceiling and the drywall needs to be replaced. Our HOA says that since the leak is in the unit, it's between the unit owners. At this point we are not able to find a solution except that we need to hire a lawyer which will add to the cost. IS there a way to make them pay for this especially bcos they are not keeping up with the maintenance of their HVAC unit and this is the second year in a row that this damage occured?

All the HVACs in the units above us have their drainage such that the water falls on our unit. IS there anything the building can look into to fix this issue?