Who is responsible for damage to a condo,if the damageis apparently inside the walls?

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Who is responsible for damage to a condo,if the damageis apparently inside the walls?

I live in the 2nd floor of a condo. My water heater broke and had to be replaced. I have an independent warranty company and since there was no damage to the inside of my unit my insurance did not cover it. My warranty and I paid to replace it. One week later the renter downstairs said water leaked into her unit. I called my insurance and they stated that the condo association master policy would be responsible for the structural damage but the association says they are not and it is between the owners.

Asked on December 5, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you received information from your neighbor that there is some water damage supposedly resulting from your broken water heater, your would be responsible for repairing the damage assuming the neighbor can prove that you somehow caused the damages and establish repair costs.

I suggest that you advise your insurance carrier of the possibility that your neighbor may be making a claim against you. Possibly the HOA may responsible for the repairs as a common area. I suggest that you read carefully HOA rules and recorded "covenants, conditions & restrictions" as to your condominium.


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