H.W. from New Haven County, Connecticut 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!