Is the condo association liable?

[shnikies]

What is the name of your state (only U.S. law)? Illinois

My water heater was ruined by debris that came off of a crumbling chimney and fell through the flue. It needs to be replaced. Is the condo association liable?

 

[Zigner]

What is the name of your state (only U.S. law)? Illinois

My water heater was ruined by debris that came off of a crumbling chimney and fell through the flue. It needs to be replaced. Is the condo association liable?

Why didn't you have a proper weather cap on it?

 

[shnikies]

The chimney has a metal cap but brick inside the chimney broke off and the debris fell down into my water heater through the flue. The water heater is inside my unit which is on the first floor of a two story 4-unit building.

 

[Ohiogal]

The chimney has a metal cap but brick inside the chimney broke off and the debris fell down into my water heater through the flue. The water heater is inside my unit which is on the first floor of a two story 4-unit building.

Why was the water heater at the bottom of the chimney?

 

[shnikies]

The chimney is on top of the building. It vents all the way down inside the wall past the unit above me down to my unit.

 

[festival]

The easiest thing for you to do is to file an insurance claim with your own condo-owners insurance. Your insurance company should cover the cost of repairs and if they think it was the fault of the owners association, they will go to the association to recover the cost.

 

[OK-LL]

What is the name of your state (only U.S. law)? Illinois

My water heater was ruined by debris that came off of a crumbling chimney and fell through the flue. It needs to be replaced. Is the condo association liable?

If the chimney was in disrepair due to poor maintenance by the HOA, yes they are likely responsible for the cost of collateral damage, such as your damaged waterheater, when the poorly maintained chimney failed. Send the HOA a demand letter for the depreciated cost of the replacement waterheater and installation. If they refuse to pay the claim, you have a couple of alternatives, (1) send the claim to your own insurance for subrogation against the HOA insurance, (2) file a claim directly with the HOA insurance, (3) file a small claims action yourself against the HOA for the damage.