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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 621
Experience:  Attorney at Law Office of KJLLAW
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The Declaration of Condominium I Condominium states: if

Customer Question

The Declaration of Condominium for Waterplace I Condominium states: if damage occurs within a resident's unit and is less than the $10k Waterplace Master insurance policy, the unit owner is required to submit a claim through their homeowners' insurance carrier regardless of who caused the damage (i.e. water pouring from the ceiling caused by the upstairs resident breaking his toilet tank x3.)
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  KJL LAW replied 3 months ago.
Good morning. The condo declaration has legally established a limit for claims on their policy, which is legal. However if the damage is not due to the neighbor but attributed to the common area pipes, then the association could not use the clause to get out of paying for the repair due to their negligent maintenance of the common area pipes. That clause usually does not hold up in court.But as it is written in the binding declaration, claims for less than 10k must be submitted through the unit owners insurance who caused the damage, your neighbor, not yours. You should request the neighbors insurance information from them to submit a claim to their company.I hope this helps.