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?

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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 11 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.


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