D.C. from Fairfield County, Connecticut writes:
Dear Mister Condo,
Mister Condo replies:
D.C., I am sorry your condo unit was damaged by water. I don’t think I’ve ever heard of a spigot breaking on the outside of a unit causing damage to a unit’s interior but I am sure you had quite the mess. Once water gets in there is no telling how much damage it can cause. 2 months is a long time to wait for a repair so I guess I need to ask you a few questions to help you get things moving.
The first question is who is responsible for the repair? Most interior damage claims are submitted by the unit owner to their own Homeowners Insurance policy, commonly known as HO-6 in Connecticut. Do you have homeowners insurance? If so, contact them at once and arrange the repair. If not, this is an excellent example of why all condo owners need HO-6 insurance. Even if the association had a policy in place you could likely have the repair done and let your insurer do battle with the association insurer. At least your repair would already be complete.
More than likely you are waiting for the association to process a claim with the association’s master policy so that the association insurance will pay for your damage. Depending on the type of insurance carried by the association and the exact cause of the spigot failure your delay in repair could be caused by a delay from the insurer questioning the claim. It is possible that either the insurance doesn’t cover the damage or that the claim is just taking a while to work its way through the system. Either way, you will need to wait for an answer and a solution if that is the problem.
If this had happened to my condo unit, I would repair the damage and submit a claim against the cost of repair directly to the association. If they denied my claim, I would then sue them for the cost of the repair, especially if the spigot were considered a common element. Even if their insurance did not cover the damage and the damage were caused by a failed common element they would have a duty to pay for the damage. If the spigot is not their responsibility (highly unusual) then I am afraid the cost of repair would fall to you or the unit owner responsible for the failed spigot. Either way, two months is too long to wait for this repair. It is probably time to take matters into your own hands and get your unit fixed and ready to use. Good luck!