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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11624
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hello, I had water damage in my condo due to failure of kitchen

Resolved Question:

Hello, I had water damage in my condo due to failure of kitchen faucet which ruptured. The Condo Corporation is assessing deduction costs for the damages to the unit owner based on condo by-law 45.f below but my insurance will not cover the costs because they say the condo corporation needs to proof negligence.....based on the by-law is my insurance correct in taking this position (condo corp says they will these costs against my condo if my insurance does not pay):

45 (f) "An Owner shall indemnify and save harmless the Corporation from the expenses of any maintenance, repair, or replacement rendered necessary to the Common Property or any Unit by his act or omission or by that of any member of his family or his or their guests, servants, agents, invitees, licensees or tenants, but only to the extent that such expense is not met by the proceeds of insurance carried by the Corporation."

Thanks, C
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 12 months ago.

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,

 

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,

 

ANDREA

 

Customer: replied 12 months ago.

Andrea,


 


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.


 


C

Expert:  Andrea, Esq. replied 12 months ago.

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,

 

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,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11624
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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