Tag Archives: Insurance

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!

Condo Owner Flooded Twice by Vacant Unit Above

D.B. from outside of Connecticut writes:

Dear Mister Condo,

Our 2-level condo was flooded last week for the second time in 17 months by a bank-owned unit above ours. The first time the above unit was unfinished and not winterized; a pipe burst, flooded us below and we were out 47 days for repair. This time the bank owner’s subcontractor broke a sprinkler head, resulting in more damage than last time. What is our legal status with owner and with subcontractor? Settlement? Lawsuit? Other remedies? It will be repaired but we will be out an indefinite time.

Mister Condo replies:

D.B., I am so sorry for the double whammy you have experienced. I can’t even imagine the heartache and inconvenience these back-to-back disasters have caused you. Unfortunately, the nature of having units stacked on top of each other creates the possibility for exactly the types of problems you have experienced. The good news is that insurance covers most of the loss. The bad news is that lawsuits are typically only used for your “out-of-pocket” expense. They rarely cover paying you back for your inconvenience and time. I don’t think I see the basis for a lawsuit or settlement based on what you have shared with me. However, I am not an attorney so I offer no legal advice in this column. If you think you are entitled to damages above and beyond what has been offered, you should seek the advice of a local attorney who can best guide you. I wish you dryness and a comfortable living space moving forward. Good luck!

Condo Manager Claims Unit Owners Cannot Assist Someone Who Falls

J.T. from Texas writes:

Dear Mister Condo,

A lady trips and falls on condo grounds and just needs assistance to stand up but no one will help her. The condo manager says it’s against the bylaws. We have the Good Samaritan law in Texas so I don’t understand why no one can help. What do you think?

Mister Condo replies:

J.T., what litigious times we live in that we cannot help our fellow man when they need our assistance for fear of a lawsuit! I would ask the condo manager to show you where it says no one can help someone who has fallen on the common grounds. My guess is that this is a misunderstanding of how the insurance regulations read about “slip and fall” type accidents. The insurer may insist that people who fall get medical evaluations to protect the insurer in the event of a lawsuit after the fact. That being said, it is very sad that we are being told not to help a fellow human being. If it were me, I would help and I would certainly want someone to help me or a loved one if they fell. Get the clarification you need and always practice kindness. This world is a negative place without it. All the best!

Unit Owner Pissed Off at Condo Board Over Dog Urine Remediation

K.R. from Fairfield County writes:

Dear Mister Condo,

I just purchased a unit that was a short sale. It had visible dog urine damage. The board was aware of this unit’s condition. After removing the carpeting and padding there is wet sub floor and wet framing from the dog urine. I am replacing the sub floor and some insulation as the dog urine seeped through the abutting sub floor and caused damage to some of the insulation as well. I received a note from one of the board members saying I need their permission to do any work in my unit. I read my bylaws and I own the subfloor. Why would I need permission to replace the sub floor or even update my kitchen cabinets? Does the board really have this much control over my home? What about my quiet enjoyment? What does CIOA have to say about this situation? Thank you for your anticipated response.

Mister Condo replies:

K.R., I am sorry for all of your problems. I hope you have been able to fully remediate the issue and get your unit in a livable condition. As to your interaction with the Board regarding repair and restitution work, I have a few thoughts to share. The ownership of the subfloor is not in question; it’s yours. Most associations require unit owners to inform them of any modifications to their units (including restoration) and for good reason. For starters, you may have contractors coming on to the property. These folks need to be licensed and insured and you may need to provide proof of same to the association. Second, depending on the nature of the repairs and/or upgrades, the Board has to make sure you aren’t working on any supporting walls or structures. Finally, if the association’s insurance policy is “all in” coverage, any upgrades you made need to be reported to the insurance company so they are covered. CIOA doesn’t come in to play with any of these issues as far as I know. Living in a community association means playing by the rules. My guess is once you have finished this project, you won’t have anything further to report or ask permission of the Board. All the best!

Condo Roofers Damage Unit Owner’s Air Conditioner

R.G. from outside of Connecticut writes:

Dear Mister Condo,

In doing work on the roof of my mom’s large condominium, they needed to move the air conditioners and my 86-year-old mother is the only resident out of maybe 50 units whose A/C was damaged. The contractors admit that they dropped materials in it and said they had fixed it earlier in the week but today, Saturday, it won’t cool. It is set at 75 and remains at 80. Who is responsible and how can I best advocate for my mom? The management company calls the contractor and the contractor claims that it isn’t his fault, it’s the unit’s. The unit is over 10 years old… BUT IT WORKED BEFORE THEY MOVED IT AND DROPPED STUFF IN IT! I appreciate your help.

Mister Condo replies:

R.G., I am sorry that your mother’s air conditioner was damaged. Most states require that a damaged product like an air conditioner be replaced at the market value at the time the damage occurred. My guess is that a 10-year-old air conditioner isn’t worth too much, regardless of how well it worked before it was damaged. Clearly, the blame lies with the roofing contractors who moved and damaged the unit. However, the real question here is liability and cost of replacement. You can continue to complain to anyone who will listen but unless you can prove the value of the air conditioner to be significant. I am afraid your best bet will be to simply purchase a new air conditioner. I am sorry I don’t have better news for you. Good luck!

Failed Condo Water Heater Creates Question of Responsibility

M.A. from New Haven writes:

Dear Mister Condo,

My hot water heater leaked into the condo below me. I had the heater replaced. Am I responsible for the damage caused to the ceiling of the downstairs condo unit?

Mister Condo replies:

M.A., I am sorry for you and your downstairs neighbor’s damage and problems. Whether or not you are responsible depends on a few things. If your association provides and enforce maintenance standards for common wear items like water heaters and you didn’t violate those standards, then the association may have insurance to help cover the cost of your neighbor’s damage. Your neighbor should have his or her own homeowner’s insurance policy which should cover some of the damage, less a deductible, that could be passed on to you or the association. Your own homeowner’s insurance may offer you some coverage against these costs as well. If you didn’t follow any published maintenance standard for replacing your water heater (typically every seven years or so) then you may be on the hook for the damage. I am not sure what you have been asked to pay but make sure all of the players involved have checked with their own insurers before you start parting with any cash. If it turns out you are being asked to pay money that you do not agree with, you may wish to speak to an attorney who can tell you what your legal responsibilities are. Good luck!

Why Should Condos Implement Maintenance Standards?

R.P. from Fairfield County writes:

Dear Mister Condo,

Why should Condo’s implement Maintenance Standards?

Mister Condo replies:

R.P., there are a myriad of reasons that condo associations should implement Maintenance Standards. First and foremost is to limit the association’s liabilities. Things that routinely wear down and break like water supply lines can cause a great deal of damage which is easily minimized or prevented with Maintenance Standards. Secondarily, many insurers require these standards to be in place or the insurer will not cover the resultant damage. That could lead to huge out of pocket expenses for both associations and unit owners. Finally, many Maintenance Standards provide greater safety and peace of mind for all unit owners and residents. Who doesn’t want that?

Neighbor Damages Unit, Refuses to Pay for Repairs

L.W. from Fairfield County writes:

Dear Mister Condo,

A few months ago, a neighbor (a tenant – owner rents it out) attempted to make a change to the plumbing in his kitchen. It was done incorrectly, causing water to flow incessantly for several days into my garage which is below their kitchen. Water flowed all across the length of my ceiling (into the area where the air conditioning ducts are housed), and down the sides of the walls causing the sheet rock and insulation to be very soaked with water. I hired a painting and home improvement company who has done work for me and several others in this complex to get rid of all the water-soaked materials, and then to replace the materials once the area had time to dry out. It took them a several hours for several days to complete the work. It was done nicely, and I am satisfied with the work.

The problem is that the owner of the unit believes my contractor’s final price was too high – $750. I believe it was a fair and reasonable price. He is someone I trust, and he does good work. The owner paid half of that bill. I believe he should be the rest. He (by allowing his tenant to perform unlicensed plumbing work) endangered not only my unit, but those nearby. If I had not been home and noticed the leaking in my garage (the tenants were away for the week), the damage may have been disastrous.

Do you have any ideas on how to get this unit owner to pay the rest of the bill? I am considering Small Claims Court if he doesn’t pay within the next few weeks.

Mister Condo replies:

L.W., I am sorry for your problems. Typically, when a unit owner damages another owner’s unit, their insurance or even the association’s insurance is used to handle the repair of the damaged area. Since you took it upon yourself to handle the damage repair, you may be on the hook to collect from the other unit owner (or their insurance). Personally, I like your “take charge” common sense approach to getting the repair handled in timely fashion. However, now you may need to take your neighbor to Small Claims court to get your money back. Honestly, it sounds to me like you got an exceptional price for the work but your “shoot first, ask questions later” approach is receiving pushback from your neighbor. You might want to run the information past an attorney to see if you have a legal leg to stand on. Also, since the neighbor has already drawn a line in the sand at $375, you may need to ask yourself how much aggravation you are willing to suffer to recover the extra $375. You might just want to write this one off and pay attention to what happens the next time and hope that there isn’t a next time. All the best!

Falling Tree Damages Condo Visitor’s Car

C.B. from Fairfield County writes:

Dear Mister Condo,

I was visiting a friend in the Condo and a tree (huge part of it) fell on my car, cause many damages. Can I have the right to sue the Condo for pay the deductible of my insurance? The general manager didn’t go there to see the damage and, on the phone, he just said that the homeowner’s association does not have insurance so he’s not going to pay for it. The deductible is $500 and my car is 2016.

Mister Condo replies:

C.B., I am sorry that your car got damaged. The right to sue another individual or business is yours if you choose to pursue it. However, the cost of suing this condo association for the $500 deductible on your insurance policy will most likely outweigh the potential of collecting the $500 from the association. This is part of the risk of having deductibles on our insurance. Clearly, this was not your fault but your insurance policy is only going to pay for the amount of damage that exceeds your deductible. The rest is on you. You can speak with an attorney if you would want to see if there is any other avenue open to you but my advice would be to simply pay your deductible. Otherwise, you are likely throwing good money after bad. All the best!