Hi, James, my name is XXXXX XXXXX I will be glad to assist you,
By-Laws usually include that clause for two reasons.
(1) If the unit owner does not make repairs in a timely manner, the property management company can step in, have the necessary repairs done, then assess the costs of the repairs to that unit owner; and
(2) Prevents the unit owner whose property was damaged by the act, or failure to act by another unit owner, from looking to the HOA or the property management company to pay for and have the necessary repairs performed.
The clause to which you are referring was never meant to preclude a condo owner from seeking reimbursement from the individual who caused the damage. Therefore, you should inform the owner in writing that a water leak originating from his unit has caused damage to parts of your unit, and advising him to inform his homeowner's insurance company of this claim. His homeowner's insurance company will send an adjuster to look at the damage caused by their insured, and you will be issued a check by them to have the damage repaired,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,