Trying to understand who is responsible for the costs of the repairs for the leaks in your condo can be very confusing and sometime tricky.
It usually depends on the cause of the leak. Condo association insurance takes care of the common areas in the building while the individual condo insurance polices take care of the damages within the unit, such as flooring and contents of the room or unit itself. Condo owners should be aware and should know the building’s condo association insurance policy, so they will be able to understand which it covers and which it doesn’t. Some policies give coverage only for the exterior of the complex such as its roof, and other common locations.
So you are not confused about who should be liable for the water damages, you should do the following:
1. Review the condo association insurance policy and your individual condo insurance policy to know what they cover. If you don’t have a copy, you can ask for one from the association.
2. Know how the leak started or what caused the water to leak. If the water leaked because one of your property in the unit was broken or not functioning well it will be covered by your personal condo insurance policy. If the water leaked because of an overflow in an adjoining room, things can get confusing. Based on American Homeowners Resource Center, condo associations usually resist getting involved in a room-to-room issues.
3. Let the condo association know about the leakage and where it came from or what caused it. So you can gauge their thoughts about the problem to know whether they can have it fixed or if they will have it go to your insurance policy.
4. Tender a claim with your insurer or with the condo association’s insurer depending on who is liable for the leak. If neither insurer accepts the claim because the leak came from an adjoining room, you will have to discuss this with your neighbor and get all details about his insurance policy so this problem can be resolved right away. If the neighbor resists to cooperate or to help out then you have the right to file a lawsuit.
5. Get a plumber, a professional one. Checking to see if the plumber has plumbers insurance ensures his or her legitimacy. The plumber can help you determine where the leakage came from and this can give you an idea who should deal with the problem.