Question on Liability for Water Leaks in Condominium Unit in the Philippines

Question:

The client has been experiencing water leaks in their condominium unit for almost a week. The management has yet to take action and is asking the client to pay for the repairs. Is the client obligated to pay for the water leaks even if they are not responsible for the issue?

Answer:

Applicable Laws:

Republic Act 4726 (The Condominium Act): Provides guidelines on the responsibilities of condominium owners and the condominium corporation.
Civil Code of the Philippines: Articles pertaining to lease contracts and obligations of lessors and lessees can be applicable.
Your Condominium's Rules and Regulations: Most condominiums have a set of rules that may specify who is responsible for what types of repairs.

Who is Liable for the Leak?

Liability for the water leak will depend on several factors, such as the cause of the leak and the terms stipulated in your lease or condominium agreement. Generally, if the leak is due to wear and tear or a structural issue, it is the management's responsibility.

Possible Steps:

Review Lease/Condominium Agreement: The first step is to carefully read the terms specified in your lease or condominium agreement about who is responsible for repairs.
Written Communication: Put your concerns in writing, explaining the situation and requesting urgent action from the management.
Legal Remedies: If the management fails to act, you may file a formal complaint with the Housing and Land Use Regulatory Board (HLURB) or seek legal advice on filing a civil case for breach of contract and damages.
Payment Under Protest: If immediate repair is necessary for your well-being and you decide to pay for it, make it clear in writing that you are paying "under protest" to reserve your right to demand reimbursement later.

Recommendations:

Based on the information provided, if you are not responsible for the water leak, you should not be liable for the repair costs. It is advisable to consult a legal expert to thoroughly review your lease or condominium agreement and guide you on the best course of action.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. For legal advice tailored to your specific situation, consult a qualified attorney.