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Steve, J.D.
Steve, J.D., Lawyer
Category: Real Estate Law
Satisfied Customers: 48
Experience:  10 year NJ and PA bars. Resdential & Commercial closings. Litigated real estate and construction.
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I own a condo. The condo above mine had a water leak in the

Resolved Question:

I own a condo. The condo above mine had a water leak in the bath drain that damaged my bathroom ceiling. The owner above says that Georgia Condo Law states that she is not responsible for the damage to my ceiling. Is this correct?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Steve, J.D. replied 5 years ago.
You may have an issue between the condo owner and your condo association. It depends on the cause of the leak. Typically, the owner is responsible for damage occurring from water that leaks solely from a space owned by the condo owner. If the leak occurred in a space or was due to some neglect occurring in common space (like an area in between units) then your condo association may have some liability.

What I would suggest is that you make a claim with your homeowners insurance. Your insurance company should cover this matter because it is not a natural flood. In doing so, they should investigate the matter and determine exactly the cause of the leak. It seems as though it does not really matter to you who is at fault because we know it was not you. Once the determination is made, your insurance company should be able to obtain reimbursement for any funds it has disbursed or ask the proper company to pay for expenses not yet owned.

I think your neighbor is confusing the responsibility of an association with an owner. But, these things happen, that what you have insurance for, right?

I hope this helps. Good luck.
Steve, J.D., Lawyer
Category: Real Estate Law
Satisfied Customers: 48
Experience: 10 year NJ and PA bars. Resdential & Commercial closings. Litigated real estate and construction.
Steve, J.D. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for the information. I will file with the insurance and let them pursue.
Expert:  Steve, J.D. replied 5 years ago.
Great. If it works out, send me a peach!
Customer: replied 5 years ago.

J. D.

 

My insurance policy has a $1,000 deductible. This repair will be far less than that. So would the insurance company still investigate whose responsibility the repair is? If not, how will I get the other condo owner to pay for this repair?

Expert:  Steve, J.D. replied 5 years ago.
They may because water damage should be inspected for mold remediation and to be sure that the cause of the leak is completely fixed so it does not occur again. In some cases, your insurance company may actually be able to recover YOUR deductible for you from the offending party. This is a "not uncommon" occurrence if the offending party's insurance company admits liability (which they will do if it is cheaper for them to do so then it is to fight).

So even if you think the repair will be less than your deductible, make the claim anyway and see whether your insurance company will help you in your investigation (or actually conduct it).

If no one will help you and you are forced to pay for everything yourself, you can ask whether your condo association has any procedure to help with these types of disputes. If not, you can go to "small claims" court against your neighbor.
Steve, J.D., Lawyer
Category: Real Estate Law
Satisfied Customers: 48
Experience: 10 year NJ and PA bars. Resdential & Commercial closings. Litigated real estate and construction.
Steve, J.D. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks!

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