[mike886]

We have a condo that the unit above bathroom had leaked into our causing damage to the drywall. The property manger from the one above sent in a repair person and it was completed reasonably well. The unit sat empty for several months and when a new tenant more in the bathroom started leaking again. The PM from above claimed it could not be their unit as the plumbing had just been repaired. I had our PM open the walls up and it turns out when the repair was done a screw was driven into the upstairs trap.
I told the upstairs PM that I wanted it fixed and to compensate me for the cost of having our PM spend the time to look after allowing the workman in I was basically told he will fix it but not cover any of the additional costs to us. Do I have any recourse?

[lvoc]

Originally Posted by mike886

We have a condo that the unit above bathroom had leaked into our causing damage to the drywall. The property manger from the one above sent in a repair person and it was completed reasonably well. The unit sat empty for several months and when a new tenant more in the bathroom started leaking again. The PM from above claimed it could not be their unit as the plumbing had just been repaired. I had our PM open the walls up and it turns out when the repair was done a screw was driven into the upstairs trap.
I told the upstairs PM that I wanted it fixed and to compensate me for the cost of having our PM spend the time to look after allowing the workman in I was basically told he will fix it but not cover any of the additional costs to us. Do I have any recourse?

Easy victory in small claims court. However pursuing it if you are not local can be expensive. You can use an attorney here but that will cost you and will not be covered by the court.

If it ain't a couple of grand and you are not local cross it off to an act of the gods and move on.

[Willy702]

Depends on your HOA docs. If you are responsible for drywall then none of your damage is covered, except by your own policy if you have one. If the HOA docs state they are responsible for drywall then it should be covered. But general rule of insurance is unless the guy above you was negligent in causing your loss then you have no coverage from his policy and same for your HOA's policy.

This is why I tell everyone who buys a condo or renters policy to get the lowest deductible possible. It comes up enough to where you will be glad you are out say $250 instead of $1000 or more because another unit had a problem.

[lvoc]

Originally Posted by Willy702

Depends on your HOA docs. If you are responsible for drywall then none of your damage is covered, except by your own policy if you have one. If the HOA docs state they are responsible for drywall then it should be covered. But general rule of insurance is unless the guy above you was negligent in causing your loss then you have no coverage from his policy and same for your HOA's policy.

This is why I tell everyone who buys a condo or renters policy to get the lowest deductible possible. It comes up enough to where you will be glad you are out say $250 instead of $1000 or more because another unit had a problem.

Nonsense. Insurance companies will virtually always refuse to cover damage from a source outside the condo proper. I know of one case where the same insurance company insured the HOA, the upper unit and the lower unit. They refused to cover the lower unit for damage from outside it.

I will agree the situation can get complex. But negligence is certainly not required. If your dish washer breaks and floods the units below your insurance company is going to have to fix it all.

And note that a unit owner may be held responsible for a failure in the common equipment such as piping if the common equipment is used exclusively by that unit.

[Willy702]

Originally Posted by lvoc

Nonsense. Insurance companies will virtually always refuse to cover damage from a source outside the condo proper. I know of one case where the same insurance company insured the HOA, the upper unit and the lower unit. They refused to cover the lower unit for damage from outside it.

I will agree the situation can get complex. But negligence is certainly not required. If your dish washer breaks and floods the units below your insurance company is going to have to fix it all.

And note that a unit owner may be held responsible for a failure in the common equipment such as piping if the common equipment is used exclusively by that unit.

Insurance won't cover water that came from outside the building, that is considered a maintenance issue except in very unusual circumstances like a roof getting blown away in a tornado. Even the heaviest rain imaginable shouldn't cause water to get into a building in good condition unless its caused by a flood and then flood insurance is required for coverage. If it comes from inside the building, then its a covered event and just a matter of whose insurance will cover it. A dishwasher blowing out, a toilet line leaking, a water heater giving out...all no negligence involved. But if say you start up a bathtub and then forget about it because you get a phone call and the water overflows and causes damage to another unit, then there is negligence. Most negligence events with water damage occur when repairs or remodeling are underway.

The only reason why there are issues is because some people are cheap and don't buy condo insurance. Most mortgages now require it, but just a few years ago it was something you could easily get away without having since the structure coverage is covered by the HOA.

[Jason Yost]

As an indoor environmental consultant, I usually get hired to investigate these losses for expert witness and consultation to the owner/tenant and his/her lawyer. I recommend you talk to a lawyer and review the use of an indoor environmental professional.