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!
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.
In my cousin’s case, the condo board and management refused to cooperate and repair the damage caused by the leaking roof. As it stands, the mold grew and this drags as my cousin’s insurance telling her that they cover only if the leak from the roof was only caused by major wind/fire or earth quake reason. Per her insurance company, the leak was due to negligence or proper maintenance by the association. The association claims that they are responsible to repair the roof – not her internal walls and subsequent mold on most of the wall. She is stuck and didn’t know what to do.
She is extremely concerned about her health as the mold appears to be extremely worrisome (horrible scene). What can she do? what are her options? kindly help.
Thank you.
J., as you can see from this conversation thread, Boards don’t always do what they are supposed to do. Sometimes, it is out for a lack of knowledge, other times they are just trying to save money for the association. Either way, if your cousin is being denied her due, your only real option is to speak with an attorney. Board often respond when faced with the threat of lawsuit, especially if they know they are in the wrong. Good luck!
There is no subrogation claim with homeowners for condos. I was just told this the other day
So, in your opinion, if a Board offers one owner one reparation (i.e. “We’ll pay for everything except your carpet,”) and then offers another owner nothing, has that Board then admitted culpability? That’s what is going on with me and another owner right now. Roof started leaking a month ago and the leaks are still going, continuing to damage the interiors of both condos!! The other owner and I have tried to be patient with this nonsense, but we are looking at tens of thousands of dollars in damages at this point, if not complete ruination. Please advise. Thanks!
K.C., I am sorry that you and another owner have suffered the kind of damage you describe. You need to work with your own insurer (homeowner’s policy or equivalent) for damage done inside your unit. Also, if you have not done so already, contact a locally qualified attorney for a legal opinion. Laws vary state to state and if you are looking at tens of thousands in damages, you really ought to get the legal opinion of an attorney. The Board may have had its own reason for offering one unit owner reparation or may have been able to submit an insurance claim for their damage. That may not legally obligate them to the cost of reparations for other units but it is something to discuss with your attorney. Good luck!
If the association can get away with not paying for roof leak damage they certainly will. In tbe case of a roof leak the association owns the roof so any interior damaged caused by a roof leak is the responsibility of tbe association.
My condo roof and structure leaking in Florida for a year. Property manager blew my requests for repair off saying it’s not the roof. Then rainy season came and my walls cracked open leaking water. I did get county to issue a Violation after a leak detection detected active leaks.
The roofing company that did the new roof in 2019 is incompetent and keeps making it worse.
So, I contacted and retained an Attorney but it’s going to take a year or two to get lawsuit filed and litigated. Meanwhile the damages keep happening everytime it rains. I’m sure mold in walls.
K., I am sorry for your problems but it sounds like you are doing everything possible to rectify the situation. Keep fighting the good fight. All the best!
I also just had water leakage from roof in my townhouse. It damaged my ceiling and strata are telling me that only the roof water leakage will they cover. They are trying to stick me with the damage on my ceiling. My house insurance only cover my belongings.