Category Archives: Insurance

Careless Condo Owner Ruining Neighboring Unit

H.H. from Los Angeles writes:

Dear Mister Condo,

I live in Los Angeles and the unit above me has had water leaking into my unit – this will make the 4th time. I had to get my insurance company involved last time and they had to replace my ceiling and shower. 2 days ago, water was pouring into my newly renovated kitchen. She claims she spilled a pitcher of water. I have pics and video. Prior to the last two incidences, I had to replace my bathroom ceiling because she was missing the rubber ring in her tub. Prior to that I had water running down my walls from a seal issue she had in her shower. Should I get an attorney? What can I do? I’ve been living in construction for the last year. I’m losing my mind!

Mister Condo replies:

H.H., I am sorry for your neighbor problems. Thankfully, you have insurance to assist with the repairs but there is no way to protect your peace of mind. You certainly could hire an attorney but to what avail? Your upstairs neighbor is just behaving in an un-neighborly manner. Her careless ways are making your condo life uncomfortable and downright miserable. You can write to your Board and ask that they intervene on your behalf but it doesn’t sound as though any rules or laws have been broken. This is just a case of a careless unit owner causing grief for fellow unit owners, in this case, you. Speak with an attorney if you think you have a case of some sort against ether the neighbor or the association. Other than that, keep your fingers crossed that this neighbor decides to start acting like a responsible adult and realizing that her careless action have real consequences to those around her. Good luck!

Unit Owner Questions Condo Board’s Mandated Water Heater Replacement

G.M. from outside of Connecticut writes:

Dear Mister Condo,

The Condo Association Board wants to mandate having the Hot Water Heaters updated every 10 years. Is this common practice? We are a small Owners Association, 10 Buildings with 4 condos in a building. Each building has a basement, and each condo has its own Hot Water Heater in the common basement room, along with the 4 individual Hot Air GAS Furnace. Some hot water heaters have already been replaced, as the condos are 14 years old. Your comments please.

Mister Condo replies:

G.M., in my experience, it is quite common for associations to have maintenance standards in place for any appliances, water hoses, etc. which requires unit owners to replace these appliances within “X” amount of years, where “X” is the number of years of the manufacturer’s usable life expectancy of the product or when the association’s insurer will no longer cover any damage caused by the appliance after it exceeds its usable life. For instance, if you had a twenty-year-old hot water heater that failed and flooded your neighbor’s unit, the association would not be able to process a claim because the appliance that failed had not been replaced within the 10 years as required by your association’s maintenance standard. In other words, by not enforcing maintenance standards, the association puts itself at risk of denied insurance claims. That could be far more expensive than the cost of updating appliances, not to mention the reduced potential for damage to all units because of such a program. Hope that explanation helps. All the best!

Contractor Requires Condo Board Member’s Presence to Assess Unit Owner’s Damage

S.H. from outside of Connecticut writes:

Dear Mister Condo,

The management company asked me to contact a contractor that works most jobs in this condominium in order to make an assessment for damages from a water backup. His reply came and stated that he requested from management company to have a board member present during such assessment. I find it very unusual. I do not believe the bylaws allow for such presence. I am tempted to ask the management to provide cases where a board member was requested to be present in a similar case by this contractor. 


What are my rights in this case? Can I refuse a board member be present lacking precedence? Can I ask for another or more than one contractor do the assessment? What is my best recourse to collect for damages. 

I recently learned that a board member, the president of the board had some water damage and the association paid to replace the kitchen. I need to yet verify this information. How can I use this information to benefit my case? 

Mister Condo replies:

S.H., I am sorry for your water damage problems and further that you appear unhappy with the proposed resolution from your association. Short of suing the association, you really don’t have any “rights” in this case. Typically, water damage to a unit interior is handled by the unit owner’s insurance. The insurance company may have a claim against the association if the damage was caused by willful neglect or intentional damage. I can’t imagine why you should have to contact an association contractor or why a Board Member needs to be present, precedence or not. If the Board wishes to hire a contractor to review your damage, they should make contact and hire the contractor. If the contractor requires a Board Member to be present for whatever reason, I don’t see how or why you would prevent them from assessing your damage and proposing a solution. The unsubstantiated allegations you have made about the Board President’s having similar damage and having the association pay for it is an unrelated matter and should not figure into the solution of your problem at all. My advice is for you to contact your own insurance company and see if you can’t get this matter corrected without involvement from the Board. If the damage continues due to willful neglect on the part of the association, you should hire an attorney and sue. All the best!

Condo Owner Floods Uninsured Neighbor’s Unit

H.W. from New Haven County writes:

Dear Mister Condo,

Recently my washer broke (the tube was incorrectly installed by the previous owner and it popped off). I didn’t realize anything was wrong until the unit below me called in a panic about the water leaking from his ceiling. Water was pooling in my catch tray and the overflow was then leaking under the floor boards, so there was never any pooling to alert me. Unfortunately, neither my unit insurance or the master will cover repairs to his ceiling, and he does not have unit insurance. He asked me to split the repair cost. I’m torn! It was my washer that caused his water damage, but the cost would be WAY less if he had insurance (half the deductible versus half the repair cost!). We are very neighborly, so part of me thinks to maintain the relationship I should eat the cost… but I’ve also put a lot of my blood, sweat, tears, and loans into this association to keep it afloat, and after paying the plumber I’m kind of tapped. What should I do?!

Mister Condo replies:

H.W., your neighbor’s lack of insurance is troubling and may even be against your association’s regulations. Many associations require all unit owners to carry their own homeowner’s insurance for just such occurrences as this. If so, and your neighbor was delinquent in his duty to insure, you may not have any liability whatsoever. If that is not the case, you may be on the hook for half or all of the damage. It really depends on how your neighbor proceeds. If he sues, in Small Claims, or other, then and only then. Might you find yourself held legally responsible for the damage. I appreciate your “good neighbor” attitude and paying some of the expense, which you did, should help keep the relationship between you and your neighbor congenial.

Why in the world are you loaning money to your association? Are you a bank? Why does your association need money to “keep it afloat”. You have signaled a big problem with your association’s finances. Common fees should be sufficient to keep any association afloat. Individual unit owners should not be loaning the association money. It is time for your association to get some real world training on how to run itself and practice sound fiscal policies, which include adequate common fees for the association to fund itself. All the best!

Condo Leak Leads to Mold for Downstairs Neighbor

G.H. from outside of Connecticut writes:

Dear Mister Condo,

My unit had a leak which was reported by downstairs neighbors who had a water bubble in the ceiling of the bathroom. Repairs were made in my unit but the leak continued. Long story short we went back and forth for a few weeks where we thought we resolved the leak but then a week or two later the unit below reported water. Part of the problem was the below unit is never home. So, they only report their floor being wet days after a possible leakage. During this time, the unit below had the ceiling opened up to allow it to dry before patching it. Finally, one night the unit below called that they see water dripping and we finally figured out it was my AC unit leaking water. My insurance came out and made repairs to my unit. My water damage was cleared within days. My insurance said the below unit should file a claim with their unit. 3 weeks later they are barely getting the insurance company to come see their damage. But now the unit below is saying they have mold growing and want my unit to pay for it. The owner also told me they have still been using their shower during these last few months. I feel responsible for water damage but not mold. The owner took no precautions to reduce damage, to dry the area, and steam from their showers was not helping the situation. Help, am I liable? Neither of our insurances will cover, and the HOA says it’s an issue between owners.

Mister Condo replies:

G.H., I am sorry that this unfortunate issue has escalated to this point. At the end of the day, it is likely to end up in court unless you and the unit owner below you can come to a practical solution. Homeowners insurance should have covered the initial damage for both of you. The HOA is not likely liable as this issue was not caused by a defect between the two units. Water from your air conditioner caused the damage to the unit below yours. Mold that results from water damage is typically covered by homeowner’s insurance but, in this case, your downstairs neighbor’s insurance carrier is not being responsive to the claim. The issue of your liability will only come into play if a lawsuit is filed. If that happens, you should hire an attorney to protect yourself. Do you have a price for the mold remediation? It is quite possible that your downstairs neighbor may have some out of pocket expense to remediate the mold (which they should do as mold can be toxic and even deadly). To be a good neighbor, you might offer to split the cost of the mold remediation but I do not believe you have a liability to do so. The real culprit here is the insurance company. Ideally, they would simply pay the claim and this matter would be resolved. However, many insurers would deny this claim based on the repeated nature of the damage and the lack of a timely repair after the initial claim which lead to the mold problem. I hope you and your neighbor work out a reasonable solution. All the best! 

Condo Association Provides Inadequate Insurance

J.F. from Fairfield County writes:

Dear Mister Condo,

If a condo association is maintaining flood insurance, but not the proper amounts as required by lenders to provide financing, how can condo owners force the board to purchase the proper amounts of insurance. A vote would be the simple answer, but a number of units are not interested in selling or refinancing. Is there a duty for the board to insure to the amounts that meet today’s lending requirements? Please note I looked at CT laws concerning duty to insure and the flood insurance provisions are somewhat gray to me.

Mister Condo replies:

J.F., Connecticut’s laws on the association’s duty to provide adequate coverage for units can be a bit confusing. At the very least, you have highlighted a specific area of concern that the law may not address clearly. As long as the association is providing adequate coverage to follow the law, there is no additional requirement that they follow what mortgage companies feel is adequate coverage. In other words, if a mortgage company determines the value of your unit to be higher than what the association has deemed appropriate, the mortgage company may claim a delinquency in insurance and either provide the additional insurance (at a premium to you) or mandate that you provide the additional insurance. This is particularly tricky for units that are in flood zones as the flood insurance is a separate policy from the association’s Master Policy. I have found that there is an additional layer to add to this confusion. If the insurance underwriter changes the amount of the Master Policy coverage, it may create a discrepancy with the flood insurance purchased by the association. In other words, the coverages may be for differing amounts which again cause the mortgage companies to claim a discrepancy and require matching amounts of property and flood insurance. The bottom line is that Boards need to keep a close eye on these policies by working with an insurance professional to make sure they are both adequately insuring the association and complying with state law. I do know of homeowners who have sued their association, claiming the association failed to provide adequate insurance. Will you need to do the same? Maybe. I would bring the insurance delinquency to the Board’s attention and see what they do. If you aren’t happy with the results, seek the advice of a local attorney who will let you know if you have a case. All the best!

Trying to Prevent Condo Water Damage

L.L. from Fairfield County writes:

Dear Mister Condo,

After my pressure relief valve poured water on my basement floor and caused damage to the floor of my rec room, the property manager informed me that it is a new law in CT that requires all condo owners need to install pans and sensors under their hot water heaters. One of the plumbers that gave me an estimate on the job to install these items, advised me that because I had no drain in the floor, my problem would not be solved, as the pan would not accommodate the amount of water that the hot water heater or the pressure relief valve would release. My question is: what can condo owners in my situation do to eliminate future potential water damage?

Mister Condo replies:

L.L., that is a great question! I am sorry for your problems with your water system. Did you ask the plumber what he would do if it were his home? My guess is that the repair would be in the association’s best interest and they may allow you to install an expert recommended solution. I am not sure of any law that requires condo owners to install pans and sensors although many insurers now require preventative maintenance and standards or they will not honor claims. You might ask the Property Manager to cite the law for you so you know what you are dealing with. If it is just a maintenance standard, do as they suggest so you are covered in the event of damage. Also, once the plumber gives you a proposed solution, speak with the Board about implementing it. Covering yourself from uninsured damage is one thing. Actually solving the problem is another. Good luck!

Condo Unit Owner Seeks Legal Recourse for Poorly Maintained Roof

D.N. from outside of Connecticut writes:

Dear Mister Condo,

After living in my condo unit for many years, the roof recently came off during a rainstorm. The Association’s master policy is paying for the property damage which means they will put the home back to the state it was sold to me. However, do I have any legal recourse against the property management company and the board for not maintaining the roof in good order in addition to what the insurance will cover. The roof was originally scheduled for replacement in August. My roof came off in July. The state of the roof of my unit as well as the other roofs in the building unit I am in was in very poor shape. It appeared as though the roof should have been replaced or maintained quite some time ago. I was wondering if I had any recourse against either or both parties for not maintaining the property at the level it should. I have always paid my condo fee in full and feel I deserve to have my property maintained.

Mister Condo replies:

D.N., poorly maintained condos are almost always the result of “deferred maintenance”, the polite term for not collecting enough common fees to make adequate Reserve Fund contributions over the years. I am sorry that you had a such a direct impact from such a poorly maintained roof and I am glad that you have had the benefit of insurance to help you rebuild. As for your ability to seek additional damages against the association, I am doubtful. That isn’t to say you couldn’t try but the reality is no real crime was committed here. The Board is democratically elected by the unit owners like yourself and has likely changed over many times in the years of neglect involved. The Property Management company does the bidding of the Board so they are not at fault. Who exactly would you sue? The association paid to replace your roof after it failed so they fulfilled their obligation as well. I am not an attorney and offer no legal advice here. My friendly advice is to be happy that you have been made whole by insurance and that no one was injured by the failed roof. You might ask the Board what steps they are taking to start saving for the next roof now that the current one is new. My guess is your common fees need to increase 20% or more to properly reserve for future repairs. As you can imagine, that won’t be popular with unit owners who are unlikely to want to pay more today for tomorrow’s repairs. Yet, that is the right solution. Good luck!

Condo Landlord Reluctant to Pay for Damage to Neighboring Unit

D.J. from Michigan writes:

Dear Mister Condo,

I have a condo. A little over 1 month ago, water was pouring out of my linen closet. I immediately ran to my neighbors, thinking they must not be home or left water running. They were and I advised water is pouring out of my linen closet. They came down to take a look. They are renters. I’m an owner. I notified the HOA that night, by phone and email. Eventually, after 2 days the HOA sent out professional to dry vac my carpeting and to detect the problem. Once the bathroom ceiling was opened up, linen closet ripped out the problem was located, and it was & has been determined the renter’s condo owner is responsible for basically getting my bathroom back together/carpeting replaced/drywalls repaired: I have no linen closet, because it was ripped out.

The owner of the other unit and the HOA are going back and forth as to who is responsible. The HOA has brought in an attorney to confirm they, meaning the other condo owner, are totally responsible. The owner feels as though the HOA is responsible, because it’s a common area. This is so bad, the owner has asked for the bylaws, which was provided. No one is doing anything, and I’m caught in the middle, totally. I can’t see this being resolved any time soon. The owner will not provide his insurance information, so a claim can be started. I’ve already asked the HOA for information & was told, the owner will not provide that information.

I’ve been very patient and understanding, but nothing is being done. I’m at the point I need to contact an attorney and sue the HOA, as well as the Owner, for my insolvencies, as well as repairs/replacement of items.

Mister Condo replies:

D.J., I am sorry for your worries and problems. Water damage at condos is far too common and, as you are seeing first-hand, it isn’t always a simple case of pointing to the cause and assessing the cost of repairs. Your closing comments are my best advice to you. It is long past the time of being patient and understanding. The other parties have hired attorneys, so should you. If the damage came from a common area, the other owner may have a point. If not, he may be responsible and have to pay or have his insurance company pay. Either way, your best interests will be protected by having your own attorney look out for them. Have you read the by-laws yourself? Sometimes it helps to have your own understanding of what is being contested. It doesn’t necessarily help resolve the matter any sooner but it might help you understand what the legal bickering is about. All the best!

Homeowner’s Insurance Should Cover Damage from Condo Neighbor’s Air Conditioner

A.B. from Massachusetts writes:

Dear Mister Condo,

I live in a 100-unit condo in Cambridge, MA. My upstairs neighbor’s air conditioner leaked, causing water damage to my unit. Who is responsible and who files an insurance claim?

Mister Condo replies:

A.B., I am sorry you took damage from a neighbor’s air conditioner. Your own insurance is your first line of defense. Your insurance should cover any interior damage to your unit, less your deductible. Your neighbor may also have insurance that would come into play if your insurer goes after him/her for the damage caused. There are also times when the association insurance can come into play but this doesn’t sound like one of those times. File your own claim with your own insurance and get your damage repaired. Good luck!