Water Damage from Above

[Maintenace]

I am the Maintenance Manager for a property mgmt company and I have a question about water damage occurring from a unit above in a multi-story complex. I have run into multiple incidence that water leaks into a lower unit causing damage due to a leaking toilet of a cracked water heater. This is non negligent damage, on the part of the upper unit, that is not the responsibility of the HOA. Who is responsible under Colorado law for the repair to the lower unit? Is there current case law in Colorado that notes who the responsible party is? What case is the current precedent?

[HomeGuru]

Originally Posted by Maintenace

I am the Maintenance Manager for a property mgmt company and I have a question about water damage occurring from a unit above in a multi-story complex. I have run into multiple incidence that water leaks into a lower unit causing damage due to a leaking toilet of a cracked water heater. This is non negligent damage, on the part of the upper unit, that is not the responsibility of the HOA. Who is responsible under Colorado law for the repair to the lower unit? Is there current case law in Colorado that notes who the responsible party is? What case is the current precedent?

**A: the general answer lies in your condo docs. And case law is based on specific definition of common elements.