To answer your second question, the law was passed because some associations had restrictions in their documents that limited budget increases to 5% per year. However, in this day and age, associations cannot afford to take such as a "laid back" or "trusting" attitude about water leaks. If the inspector finds the condo owner upstairs liable, the neighbor may only partially be the party responsible for shelling out for damages.
However, it appears that the leak occurred in piping within the upstairs owner's unit, since the association billed the other owner for the plumbing work and declined to pay for your repairs. And they wanted a device that uses water flow monitoring technology to give residents more visibility into issues like high water usage and running toilets, which could run up their water bills. Paying closer attention to water leaks and the repairs, exercising rights of entry to inspect if homeowner fixes damage. An individual letter to homeowners, a copy of which is to be included with any package that goes to a new buyer with an escrow demand, should set out the association's coverage in lay people's language, as well as the obligations that are expected of the homeowners, and the reasons why. Water leak from upstairs condo florida. Provide as many details as possible about the nature and location of the leak. As a local law firm, Calabrese Law Associates offers in-depth knowledge of laws in the Greater Boston Area and can guide you through your options and next steps. Adopt a water leak policy, which provides specific steps the Association will take when analyzing responsibility for damage caused by water leaks. It's a good idea to read through all coverage options carefully to help ensure you have the protection you need. As a condo owner, you are responsible for understanding your Association's policies and condo leak repair responsibility and related damage. Provide contact information for you and/or your tenant, as well as identify other affected other units.
We suggest calling an expert. If the association was not responsible, you should have filed a claim with your own homeowners' insurance company because many CC&R;'s have clauses that protect the upstairs owner from liability in this type of situation. I feel like $20K might be too small of an amount for a lawyer in LA to help on a contingency basis but I would like to hear if any of you all think the same. For example, if the Association has fixed all decks and floors in the past, but declines in this particular situation to take responsibility, that can lead to an "inconsistent treatment" claim (involving breach of fiduciary duty for failure to treat all owners the same). Smart Alerts that learn the condo's water usage pattern and provides an alert of abnormal usage. Neighbor Installs Objectionable Window. Even minor damage needs to be addressed quickly to discourage mold and mildew growth. In addition to reviewing the HOA's insurance coverage, make sure you understand your rights as a condo owner. Even if the declaration clearly identifies the boundaries of a unit, sometime maintenance and repair obligations are not tied to whether the component is part of the unit or the common elements. The association may be able to save money on premiums for master coverage if damages from water intrusion are excluded and are made a homeowner's individual responsibility. What To Do When You Have Water Damage From Upstairs Condo. Did The Owner Fail To Report The Leak In Time For The Association To Take Responsible Measures To Fix? 3-313(6) allows post-CCIOA associations to adopt written nondiscriminatory policies and procedures regarding, among other things, the responsibility for deductibles. For example, you should be covered for burst pipes, rain and ice dam leaks through the roof or flooding due to a broken appliance.
The CC&Rs and bylaws should be reviewed to determine if there is a basis for a special assessment to be imposed to address the necessary renovations and/or repairs. The III explains that while the HOA's master policy covers common areas (including your roof), condo insurance is meant to help cover damage that might occur inside the unit. The CC&Rs may also define what types of claims can be brought and against which parties and whether mediation and/or binding arbitration are the appropriate procedures for resolving any disputes. Condo Leaks in Los Angeles and Phoenix | Twin Home Experts. I read the covenants, conditions and restrictions and it states that the Common Area is "conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located with-use of two (2) or more units which may protrude into the airspace of a unit;" Does the HOA hold any responsibility?
If you want to protect the association, the key is making sure that your CC&Rs are updated and that they contain a clause limiting the Association's liability. Water leak from upstairs neighbor. If an owner fails to report a leak, and it is allowed to continue for a number of years, that can lead to exacerbation of damages, and can even lead to mold claims. For example, a common room above your unit has a leak that is trickling down into your unit. You couldn't prevent the damage yourself, so it's your right to file a claim. When water damage originates in such common spaces, the HOA's master policy pays for the repair.
If the source and cause of the water intrusion turns out to be the homeowner's responsibility, prior notice to that insurance company may provide financial protection for any claim. Unfortunately, disputes do arise and may include the homeowner's insurance company. My own insurance company can then file a subrogation claim.