by RMR » Mon Nov 11, 2013 04:56 pm
I had a leak from my apartment condo which was behind a wall so I never noticed it. The leak came from a corroded p-trap from a washer in my unit. When the water drained too quickly, it would back up – not into my unit – but behind a sheer wall and down into a condo below. The new owners of the condo notified me of the damage 10 days after they took title, but judging from the amount of damage- including mold, mildew, and mushrooms- the water began affecting their unit long before they took title. The downstairs unit had been vacant for 6 months and was part of an estate sale. The new owners are family members of the previous owner and never went to the property until the 10 days after they took title.
According to the CC&Rs it appears owners are responsible for plumbing lines servicing their unit whether or not they travel through common areas and the HOA has no responsibility. However, I think my pipe probably feeds into a common drain line. Under the CC&Rs every owner must have insurance, but neither I nor the downstairs owners had any at the time.
My questions are to what extent, if any, am I responsible for the damages to the downstairs unit if the unit was vacant so long and the new owners didn't even have title when most of the damage occurred, or even if the CC&Rs are legal or fair? I’ve heard that the HOA insurance usually covers anything inside the walls.
According to the CC&Rs it appears owners are responsible for plumbing lines servicing their unit whether or not they travel through common areas and the HOA has no responsibility. However, I think my pipe probably feeds into a common drain line. Under the CC&Rs every owner must have insurance, but neither I nor the downstairs owners had any at the time.
My questions are to what extent, if any, am I responsible for the damages to the downstairs unit if the unit was vacant so long and the new owners didn't even have title when most of the damage occurred, or even if the CC&Rs are legal or fair? I’ve heard that the HOA insurance usually covers anything inside the walls.
Posted: Mon Nov 11, 2013 05:38 pm Post Subject:
Under the CC&Rs every owner must have insurance, but neither I nor the downstairs owners had any at the time.
Really? Why not? Just another irresponsible owner?to what extent, if any, am I responsible for the damages to the downstairs unit
According to your reading of the CC&Rs, 100%. Makes no difference whether the downstairs unit was vacant or not -- that would only be an issue for any insurance covering that unit.Your reading of the CC&Rs could be wrong, too, and the burden could be on the Association.
the HOA insurance usually covers anything inside the walls.
Not exactly. If you are required to maintain insurance, and the problem is yours to indemnify, the CC&Rs will contain an expense limitation, such as $10,000 or $50,000. Your insurance would cover that amount, the HOA's would cover the excess.But since you have no insurance, any liability on your part will be 100% your immediate responsibility. Failure to pay can, and probably will, result in a forced eviction.
You need to pay for a consultation with a good real estate attorney at this point to determine whether you have any liability exposure or not, and if you do, to what extent.
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