Condo Roof Failure Leads to Unit Damage: Who is Responsible for Repair?

L.A. from outside of Connecticut writes:

Dear Mister Condo,

I know the association is responsible for fixing roof leaks, but who is responsible for the damage done to inside ceiling from the roof leak?

Mister Condo replies:

L.A., I am sorry that you have had damage from a roof leak to your condo. As annoying as the original leak is, it is often the clean-up and repair that create the lingering problem. Typically, condo associations require unit owners to maintain a homeowner’s insurance policy that is designed to protect the owner in case of damage, and the association in case of unintentional damage caused by a failed common element, in your case, the roof. If you have this insurance, you simply contact your insurer to make a claim and the insurer should pay for your repair, less any deductible as called for in your policy. However, when claims get denied or mishandled, it is possible that a lawsuit or mediation of some kind may be necessary. I hope you had the right insurance and that your claim was handled properly. If not, it may be time to speak with an attorney. Good luck!

One thought on “Condo Roof Failure Leads to Unit Damage: Who is Responsible for Repair?

  1. The association has an insurable interest in all units. If a common area element (like the roof) fails and damages that insurable interest (such as a ceiling or walls), then the association is responsible for repairs. If an owner’s personal property is damaged, then the owner’s personal insurance should kick in.

    You can also file a claim with your personal insurance for the ceiling repair and, if necessary, they can subrogate the claim to the association’s insurance carrier.

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