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Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I was notified today that my condo unit was causing a leak

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I was notified today that my condo unit was causing a leak to the unit below. The owner of the unit below called me to demand my insurance information. I called my homeowners insurance to have someone come out to inspect. Am I liable and must I provide my insurance information?
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

I am sorry to hear of your situation. It is not necessarily a given that you are responsible for your neighbors damage.

First you should check your covenants, conditions and restrictions (CC&R) to see if the association is responsible for damage from the source of the leak, plumbing, roofing etc. You should talk to officials from board or association to see what their coverage is for these situations. More than likely association has insurance coverage which might be applicable.

Your CC& Rs may also describe what the liability of an upstairs owner is to a downstairs owner in this case. It is quite possible that the CC&R will require the lower unit's homeowners policy to cover the damage, or at least a substantial portion of the damage.

Unless you caused the leak, or knowingly failed to repair a situation where a leak would occur you may not have any liability.

If the association does not have any rules on the matter or insurance. You should call your insurance agent and let them deal with the situation. If they feel based on the damage you have some liability they will pay, otherwise they will tell the lower homeowner ( and you) they will not pay.

You should ask the lower unit's owner for his insurance information so you can pass that on to your agent. Between the two insurance companies the right result will be determined.

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