Water Damage to my Condo

[atxpaul]

I live in Texas bought my condo in 11/03 and reported a leak around 03/04to the HOA about it and they never called me back to tell me it was fix or if I was still having problems. We all thought it was a roof leak or a leak coming from my patio which I found weird. After dealing with them all these years and after the base board rotted and now the water came into my unit I found out it was my neighbors sink drainage to the sewer line was clogged and the water was going under the his unit and seeping into my side. The base board rotted and so all the water came into my living room. When I called the association and reported my water damage she told me that it was my problem and that I needed to take care of it with my neighbor. After finally getting all this done for 3weeks my unit still is a mess. My neighbors ins said that my neighbor is not liable for damage that was done to my unit..???? Im stilll getting nowhere and I cant live this way with my carpet rolled up and my furniture stored upstairs. Should I get an lawer? The association is so hard to deal with and all they care about is that their deductable is 2 grand. I asked my neighbors insurance agent who was going to fix my condo ..and he couldnt answer me all he said was that my neighbor was not liable...there is more to this but I thought I would be breif....sigh...please help since I didnt have ins when this happened but why would my ins pay for this?...or would they pay for it?
thanks Paul

[moburkes]

Why haven't you contacted YOUR insurance company for help?

[atxpaul]

I didnt have ins at the time of the incident. Thats why im dealing with the neighors ins. and also the association manager.

[Paddy Reagan]

Welcome to one of the most common and frustrating problems for condo dwellers. When clients come to us with these issues our advice is almost always the same: Have each of the owners contact their respective insurance carriers and file claims. Repairs will be made, responsibility established, and all each owner usually pays is the appropriate deductible.

Of course, without insurance, you face a more difficult task. Predictably, all other parties are denying responsibility. Here are some options:

a. On your own or with the help of an attorney, determine where the drain clog was (really) located. Hopefully, a licensed plumber provided the initial diagnosis and can provide a report.

b. Compare the findings in the report with the contents of your declaration of condominium (or whatever the governing documents are called in your state.) In a section dealing with maintenance and repairs by owners and by the association, examine the language carefully. You'll probably find that if the clog was in the drainage system between the sink and the wall, the unit owner is responsible. If the restriction was in the wall, below the point of entry, the association is responsible.

c. Your attorney will likely present a demand letter to the offending party which will be forwarded to the insurance carrier.

d. Because this is not an issue that will be resolved in a few days, you may choose to have repairs made to your unit. The attorney can advise you and will probably tell you to take plenty of pictures and provide receipts for any and all work done. Document EVERYTHING! Find evidence of when you first made contact with the association and any correspondance thereafter.

Don't be discouraged because you didn't have insurance. One of the two parties caused the damage in your unit and was negligent when they failed to make repairs in a timely manner. Don't be passive. The laws were written to protect you. Use them!

One other point: If you haven't done so already, purchase insurance. Imagine if the water in this story ran in the other direction and you were at fault. You'd be paying for your own repairs plus those in your neighbor's unit.

[LindaP777]

If your neighbor truly was a fault and you can prove it, take him to small claims court and let a judge decide who is right and who pays.
And as Paddy Reagan already pointed out, get home owners insurance. It's not that much for a condo, as the HOA covers the structure, condo insurance covers contents and issues like this.

[moburkes]

Originally Posted by LindaP777

If your neighbor truly was a fault and you can prove it, take him to small claims court and let a judge decide who is right and who pays.
And as Paddy Reagan already pointed out, get home owners insurance. It's not that much for a condo, as the HOA covers the structure, condo insurance covers contents and issues like this.

Condo insurance also covers structures inside the 4 walls of the unit, as well as liability and medical payments to others.