Is the owner of a condo unit responsible for water damages from a leak in his unit to a unit below?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

Only if the owner above was negligent somehow. A pipe simply bursting suddenly and without warning would not trigger any liability of the unitowner.

However, if the unitowner above was filling his bathtub, and decided to go out for dinner and the tub overflowed....there might be some negligence on his behalf and possible liability on the unitowner. It all depends on exactly what caused the water damage.

Another Answer
There are separate responsibilities here, first, to clean up the water damage and second, to pay for the clean-up and repair.

Clearly, water has flowed through common areas -- the walls/ floors/ ceilings, which are owned by the association. As well, two separate units -- at least -- are involved.

When water is evident in places where it shouldn't be, the first call is to the association's manager -- on an emergency basis -- to learn how to 'turn off' the water source. (A unit owner may know this already.) NB: It may be a leaky roof or window, or a mystery source.

The association manager can then contact the appropriate clean-up team, and contact the master insurance policy carrier to alert the company of a pending claim.

A unit owner is best advised to carry an HO-6 condominium owners policy, which may cover the expense of such an incident, including damage to other units. Lacking such coverage, an owner may be required to pay for damages.

Best practices dictate that a unit owner not tackle this issue alone: involve the association manager and/or board, so that the appropriate response takes place and payments are made according to the insured status of all involved.
6 people found this useful

Is a condo unit holder legally allowed to request documents regarding water damage in the building especially when one's own unit is involved?

If they are needed for a valid purpose such as insurance claims, the person could ask for them to be voluntarily presented. If refused, it is possible an order from the court

Does condo associaton insurance cover water damage to unit?

Usually condominium associations carry a master insurance policy that covers common areas and limited common areas. Then each unit owner carries an HO-6 policy, covering prope

I am renovating my condo unit on the 5th floor. I broke open a water pipe causing it to flood down to the lower units. Am i responsible or would the damage be coverd by the building condo insurance.?

Since you caused the damage, your HO-6 condominium unit owner's insurance may cover the cost of repair. However, your insurance company and the insurance company that carries

What do I do when I have no HO insurance for my condo and my condo association and builders claim that my fridge caused substantial water damage in the unit directly below mine not sold and not rented?

You are responsible for any damage caused to someone else's property, why did they let you move in the condo without proper insurance is beyond me, whether the unit below you

Am I liable for a water damage originating in my condo to the units below even if this was evidently an act of god an accident I was not negligent?

God probably didn't have anything to do with leaking water from your unit, unless it was a storm, earthquake, flood or other 'act of God'. The association has the responsibi

What can unit owners in condo complex place on balconies?

Your governing documents may specify the 'use' of your balcony, and they may permit or prohibit certain items, such as air-conditioning units. (There is no universal standard;

If bought a condo but the developer continues to significantly rent units is there an out for a condo owner Is the developer responsible for a certain buyer vs renter percentage?

Read your governing documents to determine what the developer is 'allowed' to do during the 'declarant control period'. As well, determine the status of the project, so that y

Can one unit owner own 2 units in a 3 unit condo association?

Read your governing document to determine if there are anyrestrictions in this situation. As well, in this situation, the 33% and 66% numbers can be redflags for insurers and

Does owner of condo take responsibility for water damage to the condo under them?

It is commendable that you want to step up and take responsibility for water damage that you may have caused: your washer overflowed, your drain backed up, and so forth. Of

What is condo unit?

A condominium unit is the space available for ownership as defined by the land-use documents for the condominium association filed in the local court house. The unit may be

Who is responsible for a basement leak after foreclosure sale of a condo unit?

The grantee at the foreclosure sale is the new owner of the property. If the leak originated within the unit the new owner would be the responsible party. The grantee at the