It will also depend on whether your building is a co-op or a condo. Bottom line: Review the declaration (and sometimes the map) carefully and thoroughly, to ensure you’ve appropriately identified the parties responsible for maintaining and repairing each damaged component. DO NOT get stuck on this question as it is not relevant until question no. In the situation where the cost of repairs is less than the deductible amount, then review the declaration for who is responsible for the loss within that deductible amount. No. The problem with this is that whilst many people’s home insurance will cover damage to their belongings, the policy may not cover damage to the structure of the premises itself such as the floor, ceiling and walls. The risks of a leak in an apartment block. Why is this important? If the loss is excluded, then even though the association may be required to insure the damaged component, and even if the estimated cost of repairs is more than the deductible amount, no insurance proceeds are available. The third element requires that the plaintiff show that the defendant’s negligence actually caused his or her injury or damage. 38-33.3-313(2) of CCIOA requires post-CCIOA associations that have horizontal boundaries (such as condos) to insure not only the common elements, but also the units, regardless of whether the declaration states otherwise. Even if the leak was not caused by the neighbour’s negligence, if it was caused by their failure to keep their flat in repair, the affected leaseholder is likely to have a remedy against them. Hopefully the wording in the leases will allow the excess to be passed back to all of the leaseholders through the service charge. The responsible party should be notified at the outset that they could be liable for your costs. For example, mold is often excluded, as is groundwater intrusion. 3. Two things could shift the obligation to pay for such maintenance or repair to another party: (i) negligence, or (ii) insurance obligations. Furniture? After being misguided by other legal professionals for the initial 14 months, once Dominika & Martin were engaged, everything went in a positive direction and they fought our corner to ensure our rights to Indemnity were upheld despite a very tough resistance by LR. Duty – The defendant owed a legal duty to the plaintiff under the circumstances; Breach – The defendant breached that legal duty by acting or failing to act in a certain way; Causation – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; and. That being said, there may be reasons why the association might not want to file a claim, the discussion of which is outside the scope of this article, but typically it would be appropriate to file a claim. Also, keep in mind that there are other examples of negligence than what is set forth above. Maintenance and repair responsibilities are laid out in the declaration (i.e., CC&Rs or covenants), so that’s where you want to look first. If you would like more information on any of the cost or process for any of the above recommendations, or if you have questions on this article, please do not hesitate to contact an Altitude Community Law attorney today at 303-432-9999 or [email protected]. Responsibility for water leaks If you pay for your water on a meter and suspect your bill is high, this might be because there is a water leak or overflow. For example: water comes through the roof, intrudes into and damages upper condo unit #1, passes through and damages the common element walls and floors along the way, then ends up in, and damages, lower condo unit #2.  Who is responsible for damage to the roof, condo unit #1, condo unit #2, and all the common elements in between? Another way to make it easier? (970) 259-4107, For toll-free assistance, please call 1(800) 809-5242, ©2020 Altitude.law | Disclaimer | Privacy Policy It can be difficult to stop the leak but the first thing to do would be to find the mains water supply to the flat in question and turn it off. In those cases, you may want to review the condominium map for the association, as it may provide an answer. Diversity data. Insurance obligations are document-specific, so be sure to review the declaration thoroughly. In condominium communities, most often the declaration provides that the association is responsible for maintaining and repairing the common elements, and the Owner is responsible for maintaining the unit. Adopt a water leak policy, which provides specific steps the Association will take when analyzing responsibility for damage caused by water leaks. 3. Naylor Solicitors LLPRegistered in England and Wales.Co. If you're facing a water damage issue in your apartment, who ends up paying will depend on where the water is coming from, and in some cases, who caused the leak, says Steven Wagner, a co-op and condo attorney with Wagner Berkow LLP and a longtime board member of his own 420-unit Manhattan co-op.