What is the name of your state? CA
On 12/04/04 major water damaged was discovered in our garage. After contacting our Homeowners Assn., a plumber was sent to determine where the water leak was coming from. It was found the water was coming from the condo unit above our garage. The condo owners insurance was contacted, and claims from us and themselves were filed regarding property damage. Both claims by their insurance were denied. Homeowners Assn. also declined paying for any damages as water leak came directly from their unit.
Because the damage occured from their unit, are they not the ones liable for all repair work and personal property damages? Everytime we try to bring up the matter of our personal property loss/damage, the neighbors won't discuss the matter. They have taken out loan to pay for mold remediation and repair work to their bathroom and our garage, but have said or done nothing about the loss of our property. Additionally, they continually do not keep us up-to-date about matters involving the repairs, or provide us with copies of estimates or repair work contracts, so we proper documentation.
Question 1 - Are they solely liable to pay for all damages and repairs resulting from the water leak orginating from their condo unit?
Question 2 - Because we do not own our condo, but in live a family memebrs unit, is our family member obligated under the law to file a claim against his homeowners insurance though none of the damage/loss was a result of liability on their part? We feel that the family member should not have to file a claim against their insurance, as they were in no way responsbile for any of the damage/loss that occured.
Question 3 - If the owner of the condo unit refuses to pay for the property damages/loss, what type of attorney would I need to contact for legal assistance? Claim we filed with their insurance company was property damage/loss in an amount of $6,000.
Question 4 - If we do have to take the matter to court to get resolved, would the owners of the unit where the damage orginated be the only persons named on the suit, or should it also include their insurance company?