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I live in a lower level condo. The water heater in the ...

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I live in a lower level condo. The water heater in the condo above broke damaging the ceiling, stove and cabinets in my kitchen. The owners insurance company is not going to cover the repairs. Is the owner legaly responsible for the damages?
Submitted: 9 years ago.
Category: Legal
Expert:  truthfinder replied 9 years ago.
Yes. If they do not have enough coverage to pay for the damages then they are responsible for the costs of all repairs UNLESS it is stated otherwise in your bylaws or covenants. Sometimes there is a clause in the HOA rules stating that the HOA will pay for repairs beyond the condo owner's insurance with the fees that is paid into dues/maintenance fees. So, you need to verify this by reading the Covenants & Restriction/Bylaws for your condo association.
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