In a multi unit condo are unit owners responsible for water damage caused by condo above
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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.
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.