In a multi unit condo are unit owners responsible for water damage caused by condo above

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In a multi unit condo are unit owners responsible for water damage caused by condo above

My condo has been damaged by water leakage from somewhere above. My condo association says each condo owner is responsible for their own condo even if the damage is caused by other condo owners.

Asked on December 6, 2017 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your condo association is wrong, UNLESS there is some contract or other written agreement you entered into or are subject to in which you agreed that you would be responsible for your own damage, even when caused by another owner. Therefore, ask your association to show you the agreement, etc. that they feel makes you solely responsible; if there is no such thing, then general legal principles of liability apply. In that case, if someone else is provably *at fault* in causing your damage, your can sue them (again, subject to any contractual limitations on your ability to sue). So if the upstairs owner didn't pay attention to his bathtub, overflowed it, and thereby damaged your unit, you could sue him/her; or if the condo association is responsible for the roofs but failed to maintain them or fix known leaks, and water infiltrated from above and damaged your unit, the assocation would be liable and you could sue it. On the other hand, if a pipe sprang a leak without anyone's carelessness or negligence being involved, then no one else would be liable; you'd have to bear the cost wholly yourself.


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