A shared drainpipe running through all floors of my condo is leaking beneath my unit and caused massive damage to the subflooring under my tub between my floor and the unit below me. The seemingly obvious source would be my tub drain however every time the leak was experienced by my downstairs neighbor, I was not home. Building maintenance cut a hole in my neighbors ceiling to see the damages. Multiple plumbers and leak detection specialists came (Including one hired by my insurance when I filed a claim for the subflooring damage)and all concluded that no leak was detected when water drained from my tub. There was a however a leak detected from a 4 inch shared toilet drainpipe that ran through each unit a few inches from the tub drain location. Extensive testing concluded the shared pipe was the source of the leak. This means the building is responsible for repairing the pipe and replacing the subflooring. My Insurance denied the claim.The issue is, in order to replace the subflooring, my tub needs to be removed.

My HOA is saying they will pay to remove the tub, replace the subflooring, and repair the drain but not replace the tub. I would understand this if my tub was the cause for the damage somehow or if I removed the tub myself (which they tried to get me to do) but my tub is perfectly functional and not the source. The way I see it, my COA is intentionally causing damage to my unit to repair what they are responsible for but are leaving me to fix the new damages they caused since they claim they are not liable for in unit damages. They keep telling me I need to file an insurance claim for the damages to the tub but I have a hard time believing my insurance will cover that if I allow my COA to cause the damage. Even if they do, I will have to pay $2500 in deductible to pay to repair somthing I am not responsible for breaking that was broken to fix another thing I was not responsible for breaking.

They are supposed to be coming on Friday to remove my tub but I feel like I should not allow them to touch my bathroom unless they accept liability for replacing the tub when the other repairs are complete. I also don't think they are doing this through insurance which much be why they are so insistent I cover the cost of the tub replacement. Help! I am going to call a lawyer and my insurance in the morning but would love some other input.