Water Damage from Upstairs

[esarper]

What is the name of your state? Virginia

My upstairs neighbor's air conditioning unit leaked and caused $800 damage to my unit. The upstairs neighbor says that he had the unit serviced in April and then this water damage happened in July so therefore he says he's not negligent for having not had it serviced. According to online reports if you maintain the a/c properly then there are no blockages in the water lines, and this water leak would have never happened.

The association bylaws say "Each Unit Owner shall keep his Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may be necessary to maintain the good appearance and condition of the interior of his unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his failure to make any of the repairs required by this Section."

I've read this to mean that if he had had it serviced properly then the water wouldnt have leaked out of his condensation pan.

The bylaws also say "“Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any member of his family or employees, agents, licensees, guests, or lessees. "

I think that this means he's responsible no matter whether he was negligent or not. Please help as my neighbore refuses to pay saying he's not negligent as he did the keep the a/c serviced and therfore not liable. Thanks!!What is the name of your state?

[asylum23]

At our association the owner of the unit that caused the damage to your unit, especially any interior damage, is 100% responsible. Unfortunately you will probably have to take them to court to get them to pay your bills. But you will most likely win.

[esarper]

Originally Posted by asylum23

At our association the owner of the unit that caused the damage to your unit, especially any interior damage, is 100% responsible. Unfortunately you will probably have to take them to court to get them to pay your bills. But you will most likely win.

Are there special provisions in your bylaws that say that? This guy says that he only has to pay if he was negligent and there's no other time when he'd have to pay. I've read the bylaws and am at a loss what to do. The cost is $800 and I'm worried that a lawyer will cost more than that. If I take him to court and win can I claim legal fees?

[asylum23]

Well our CC&R's are pretty much like what you have in your examples. We have had lots of hot water heaters here explode and flood other units. The damaged units tried to come after the HOA Board and we told them to go after the owners of the unit that damaged theirs. The same thing happened where they did not want to pay, so they had to take them to small claims.
You can usually sue for an amount in small claims and just add on the fees to file, which here in Vegas are under $100. That is just what happened here at our complex, I'm not a legal expert or anything tho.