Co-op ins. vs association ins.

[PDoe]

Hi,

I am hoping someone can help me or at least point me in he right direction.
I am located in Rockland County NY, I bought a co-op 2 years ago. The unit upstairs had a leak in the bathroom which came through my ceiling. I asked the management company to take a look at it and they discovered that the shower head was in a position where it leaked onto the floor, they bent it back and the leak stopped. They told me the people above me were responsible for the damage to my bathroom ceiling.
They do not have insurance so I put a claim in with my home owners insurance. The agent wanted a copy of the "by-laws" to determine if I am responsible for the repairs. Well, the way the agent reads it, the association/management organization is responsible. My agent spoke to the associations attorney who agreed that the way it read it did sound like the association was responsible HOWEVER, he does not "interpret" the by-laws that way. So, the insurance declined my claim because as far as they are concerned there is no proof that the ceiling is my responsibility. The association says they are not responsible, everybody know this, because it came from the unit above me, although it does not say that any where in the by-laws. WHEW! The association also said that it was "state law" that if the leak came from the unit above me it is their responsibility. So, before I speak to my neighbors again (they have not agreed nor disagreed to pay), I would like to get my information straight.
Are the by-laws open to interpretation?
Are the people upstairs responsible, whether or not the by-laws say they are?
Of course I am now confused as to what kind of insurance of have!
How do I ensure that I have the right coverage?

Any help on this would be GREATLY appreciated!!!

_______________________________
Peggy

 

[You Are Guilty]

Are the by-laws open to interpretation?

Do you live in a co-op or a condo? Co-op's do not have bylaws. They have proprietary leases and house rules. Condos and HOAs have bylaws.

Anyway, the answer is yes, everything on this planet is open to interpretation.

Are the people upstairs responsible, whether or not the by-laws say they are?

Maybe. Depends on why the shower head was misaligned in the first place.

How do I ensure that I have the right coverage?

I suppose a good insurance broker is where I'd start.

 

[PDoe]

Thanks for responding.

I live in a co-op.
I have no idea why the shower head was misaligned, why would it matter?
I apparently have a lousy broker. How can you tell the good from the bad?

 

[You Are Guilty]

I have no idea why the shower head was misaligned, why would it matter?

For purposes of negligence. If, for example, they recently had the management company (or someone else) up there to do some work, who, in turn, screwed up the showerhead, then the owners wouldn't necessarily be on the hook. Barring that, they have a responsibility to keep their shower water actually in the shower.

The downside is that if the management company digs in their heels and the upstairs neighbors do the same, you'll likely need to file suit to recover the cost of repairs. If they are over $5,000, you're out of Small Claims, which means it might become 'lawyer time'.

I apparently have a lousy broker. How can you tell the good from the bad?

Excellent question for which I do not have an answer. At a minimum, try to find ones that can at least speak and write grammatical English.

 

[PDoe]

Thanks again!

I'm having an attorney review some documents (home owners policy & co-op by-laws), he's a friend's brother so it's free. Any way, my agent is American and does speak and write english! So what should I look for next? ;-)
And I am expecting to go to small claims court. But it's only $750 and the ceiling isn't falling on my head, it could be worse!!!

 

[HomeGuru]

Thanks again!

I'm having an attorney review some documents (home owners policy & co-op by-laws), he's a friend's brother so it's free. Any way, my agent is American and does speak and write english! So what should I look for next? ;-)
And I am expecting to go to small claims court. But it's only $750 and the ceiling isn't falling on my head, it could be worse!!!

**A: wow, that's rare than an insurance agent that is American does not speak or write english.

 

[PDoe]

No, he DOES speak english!

 

[HomeGuru]

No, he DOES speak english!

**A: oops. sorry, I guess I confused your agent with my agent.