Back in December 2016, we reported on a lawsuit brought by a Preston Tower resident.  In that case, the HOA board was sued for shifting home repair costs to residents after a 2015 catastrophic flood resulting from an unmaintained water pump. According to court documents, the HOA chose to shift the financial burden away from their own building insurance at the suggestion of that insurance company. Soon after that story was published, that resident won (nothing to do with us, we reported late in the game).

On March 6, 2017, Preston Tower owners Sanjeva and Madhu Khemsara filed suit against Preston Tower for water damage from a different source.  For over two years, their penthouse unit has been the victim of a persistent leak or leaks likely originating on the roof of the building. Like many high-rise roofs, a roof isn’t just a roof.  Over the years, in addition to existing HVAC pipes and equipment, various communications antennas and other equipment have been installed. For every new thing on a roof, there’s the potential to create a tear in the roof’s seal.

The maintenance of the roof and HVAC equipment is (obviously) the responsibility of the HOA, not the resident who lives below. Prior to this suit, court documents state that the Khemsara’s made many requests for repair … for over two years. The plaintiffs claim the results of the repairs were always short-term fixes, sometimes lasting hours. While there is suspicion that HVAC pipes are to blame, no definitive cause has been established.

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