Real Estate Law
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Hi, my name is XXXXX XXXXX I will be assisting you.
I am so sorry to hear about the faucet rupturing; water can cause a lot of damage to property.
Based on Section 45(f) which you quoted, you should not have to pay anything and should not be liable to the corporation because that section states under what conditions you would be liable to the corporation and that is, "for any act or omission .........." This means that you, as the unit owner would be liable to the corporation if you ( Or, any member of your family, or any agent, invitee, licensee , or basically anyone whom you had permitted to come onto the property) did any act, or failed to act (:omission") and such act or failure to act caused the damage.
You have done nothing to cause either the faucet to break, or the resulting damage, it was purely an accident and that is why we have homeowner's policies of insurance. Your insurance company is incorrect. If your insurance company were correct, they would never have to pay for any damage because if it were shown that you were negligent by doing anything that would have caused the faucet to break and cause the damage, your insurance company would deny your claim on the grounds that it was your negligence that caused the faucet to break and as a result, caused damage to the property. So, your insurance is trying to play both sides of the fence and it cannot do so. In this instance, they owe you a duty under your homeowner's policy of insurance to pay for the costs of repairs of damage done by the proken faucet,
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Just to clarify, the repairs are being done by the condo corp but they are passing on the deductible cost for there insurance to me. My insurance company will not cover these costs because they say the deductible costs should be covered by the condo corp....does this change your answer.
Good morning, Carsten, Thank you for your reply and your additional information,
My Answer remains the same and for the same reason. If one were to accept the insurance company's argument and the position they have taken, they would never have to pay any claim you might submit. Your insurance company has an obligation to you to pay for any deductible which the corporation would pass to you,
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