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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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substantial s been flooded seven times due to my upstairs neighbors

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substantial s been flooded seven times due to my upstairs neighbors neglect. Each time has caused substansial damage. The Condo Association says there is nothing they can do. Is anyone liable for the destruction of my property?
Dear JACUSTOMER - If the flooding was caused by the negligence of your neighbor then you would have to sue your neighbor for the damages. The HOA would not be responsible for the actions of your neighbor so the issue will be between you and the neighbor. You may also want to turn this in to your insurance and then they can subrogate against the neighbor if the insurance covers the loss. You can sue in small claims court depending on the amount of the damage caused. I'm not certain what has caused the problem but the neighbor is responsible to contain their water in their own unit.
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