by JBronsther » Sat Oct 13, 2012 02:14 pm
I live in a New York City Condo. I was told by my super that my apartment had a leak from a broken shower pan. After we demoed the bathroom discovered that it was not my shower pan, rather there was a leak from the upstairs apartment ( she has open grout). Also, it appears that the leak has been going on for a long time. Am I covered?
Posted: Tue Oct 16, 2012 03:01 am Post Subject:
Covered for what?
If you are not responsible for the leak, someone else is. Whether they have insurance or not, they are responsible for your repairs (both the unnecessary demo and the repair).
Posted: Tue Oct 16, 2012 05:31 pm Post Subject: Coverage from Leak from apartment above
Ask your insurer or go through your insurance plan and see whether or not you are covered for the leakage, for no fault of yours.
Posted: Wed Oct 17, 2012 01:22 am Post Subject:
Look also at your condominium by-laws, since the water passes through a common area (i.e. the structure separating your apartment from the one above) it might fall to the association to address the problem. The by-laws should also let you know if the other condo owner is required to maintain insurance for that form of loss.
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