What to do if a pipe burst in an upstairs unit not causing damage to the downstairs unit and now the HOA and insurers are refusing to pay for the repair?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a pipe burst in an upstairs unit not causing damage to the downstairs unit and now the HOA and insurers are refusing to pay for the repair?

Water leaked through the floor to the downstairs unit. However, the burst pipe has nothing to do with any negligence by the owner. The leak had been occurring for a long time and mold resulted before it was discovered.

Asked on October 19, 2012 under Real Estate Law, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that if you are the property owner of the unit that has the burst pipe and the HOA and your insurance carrier are refusing to make the needed repairs under a common area issue or an insured property that you consult with an attorney that practices in the area of insurance and planned unit development law to give you guidance in your matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption