—Water-logged in Woodlawn
“In this case, since there was plumbing work done on these pipes only two years ago, there should be a clear understanding as to whether the pipes in question are common elements or a part of the unit above. If they are a part of the common elements, then the association must get involved as part of the maintenance and repair of the overall common elements of the association. If the pipes are part of the unit (only servicing the unit above), then I am assuming that the above unit owner paid for the previous plumbing repair and will have to pay for the new repairs that are now required, including the damage done to your unit.
“As for the length of the baths or the strength of the water flow, there is little the association or a neighboring unit owner can do. The use of a unit is personal to the resident as long as the use is not in violation of an association rule or the law. If there is a rule related to noise, nuisance, odors, etc. that is being violated by the above resident's actions, then a complaint can be filed with the association board. Ultimately, the cost associated with pipe and unit repairs every two years should cause the unit owner to change behavior.
“The board of the association must get involved if the pipes are common elements. The board could get involved if the board determined that there was a rules violation and a complaint was registered. And the Illinois Condominium Property Act provides that a condo board would also have the authority to take some action because more than one unit owner is involved in this issue. (765 ILCS 605/9.1(b)). Otherwise, you may just have to ask the resident above to be more considerate.”