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Water leak from my unit into neighbor's unit and building common area

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echawkes

Junior Member
What is the name of your state (only U.S. law)? California

I live in a condominium on the second floor of a high rise building. Water leaked from my unit into the unit below, and into the common area of the building. The specific common area affected is the wall that separates my neighbor's unit from the common hallway inside the building.

My HOA is demanding that I perform and pay for repairs to the common area, which are several thousand dollars. They cite a section in the CC&Rs as their rationale. My insurance company says that my Condo Unit Owner's Policy only covers damage to my unit, not the common area. They also say that my Umbrella Liability Policy does not apply because I was not negligent. They further say that damage to the common area should be covered by the HOA's Master Insurance Policy.

Are the HOA and insurance company's positions reasonable? I feel like my insurance company should pay: I thought this is why I had insurance.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

I live in a condominium on the second floor of a high rise building. Water leaked from my unit into the unit below, and into the common area of the building. The specific common area affected is the wall that separates my neighbor's unit from the common hallway inside the building.

My HOA is demanding that I perform and pay for repairs to the common area, which are several thousand dollars. They cite a section in the CC&Rs as their rationale. My insurance company says that my Condo Unit Owner's Policy only covers damage to my unit, not the common area. They also say that my Umbrella Liability Policy does not apply because I was not negligent. They further say that damage to the common area should be covered by the HOA's Master Insurance Policy.

Are the HOA and insurance company's positions reasonable? I feel like my insurance company should pay: I thought this is why I had insurance.
Tell the HOA to deal with your insurance company. That is the job of your insurance company. If the HOA sues you then your insurance company will deal with the lawsuit.
 

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