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Condo water leak damage from upstairs - who can i claim to pay for the damage?

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m2m

Junior Member
I live in 3-story condo in CA and the upstairs (3rd floor) unit's water heater pipe leaked into my unit's ceiling (2nd floor). The upstairs people came w/ carpet cleaner to dry the walls n ceiling but I refused because I wanted to use water remedation company to dry and repair the damaged area. But, they would not send us another one so we chose water remedation company to to the work and started the work on our own. I also informed the HOA to use their insurance to cover the damage but they said to solve this issue between upstairs so I opened up the claim with my insurance. After my insurance reviewed the condo CC&R, they said HOA insurance is resposible for the damage. SO, I made a claim to the HOA insurance and the HOA mgr withdraw the claim without my knowledge. WHile this was going on, the remediation company dried, removed abestos and finished the repair work on our walls and ceilings. After this was done, the invoice of $4000 came and HOA insurance company finally took the time to review the CC&R but they later said that they cannot pay because the invoice amount is lower than the deductible for the insuranace ($5000 ded). :mad: So, I went back to my insurance to ask that the HOA insurance will not pay for the damage and my insurance company sent me a check for the invoice amount minus the deductible. Now, the water remedation company requested more pymt because they forgot to add some testing fees and profit &overhead fees and the total invoice came out to be approximately $6000. :eek: So I requested more pymt from my insurance and they sent me another check and I paid the invoice amount. My question is can I claim the upstairs unit for the whole pymt of $6000? or can I claim them $1000+ increase in insurance amount to them? OR CAn I claim HOA insurance for the whole pymt of $6000? Who can pay for this damage? If no one can pay, can I go to small claims court with the upstairs? or HOA ? or both? Please help!
 


HomeGuru

Senior Member
I live in 3-story condo in CA and the upstairs (3rd floor) unit's water heater pipe leaked into my unit's ceiling (2nd floor). The upstairs people came w/ carpet cleaner to dry the walls n ceiling but I refused because I wanted to use water remedation company to dry and repair the damaged area. But, they would not send us another one so we chose water remedation company to to the work and started the work on our own. I also informed the HOA to use their insurance to cover the damage but they said to solve this issue between upstairs so I opened up the claim with my insurance. After my insurance reviewed the condo CC&R, they said HOA insurance is resposible for the damage. SO, I made a claim to the HOA insurance and the HOA mgr withdraw the claim without my knowledge. WHile this was going on, the remediation company dried, removed abestos and finished the repair work on our walls and ceilings. After this was done, the invoice of $4000 came and HOA insurance company finally took the time to review the CC&R but they later said that they cannot pay because the invoice amount is lower than the deductible for the insuranace ($5000 ded). :mad: So, I went back to my insurance to ask that the HOA insurance will not pay for the damage and my insurance company sent me a check for the invoice amount minus the deductible. Now, the water remedation company requested more pymt because they forgot to add some testing fees and profit &overhead fees and the total invoice came out to be approximately $6000. :eek: So I requested more pymt from my insurance and they sent me another check and I paid the invoice amount. My question is can I claim the upstairs unit for the whole pymt of $6000? or can I claim them $1000+ increase in insurance amount to them? OR CAn I claim HOA insurance for the whole pymt of $6000? Who can pay for this damage? If no one can pay, can I go to small claims court with the upstairs? or HOA ? or both? Please help!
**A: did your insurance company pay you? IF so why are you looking at filing a claim?
 

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