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Maryland Condo Law how to best proceed with an insurance claim against my condo property manager

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mouln

Registered User
I recently purchased a a condo and before I moved in a leak in the the unit above me caused a flood which affected his unit, an adjacent unit and my unit.

The property manager of my condo has advised that it appears the damage claims will be l over $5,000 and that they will have to decide whether the condo association will pay the claims out of their funds, and not make a claim on the community's insurer, because of concern for a future rate hike.
The unit in which the flood started has filed an insurance claim against his insurer. The unit below him is filing a claim for damages, as is the renter in my unit for damage to his furniture.
The damage to my unit was limited to a room of carpeting, which Servpro advised is not salvageable. My insurer has a 1,000 deductible so I will not file a claim on my one month old policy, because the carpet replacement will cost a little over 1,500

My question is how to best proceed with my claim.
The owner of the unit where the leak occurred caused a leak 3 years ago when his bathtub overflowed after he fell asleep. So I am suspicious as to what caused the leak this time.

The unit owner's insurance carrier advises that their liability in a claim over $5,000 will most probably be to pay the condo association $5,000 and that the other parties with damage claims will have to make them against the condo association's insurer.
Should I replace the carpet now and send a bill to the community association?

Should I submit a claim to the offending unit’s insurer
Any advice by a knowledgeable attorney familiar with Maryland’s condo act on how to best resolve my claim will be greatly appreciated!
 


adjusterjack

Senior Member
I think I answered your question recently. I just don't remember where. Probably on another site. You ought to know where it is. It's probably the best analysis you're going to get and I don't have the time to do it all over again.
 

quincy

Senior Member
I think I answered your question recently. I just don't remember where. Probably on another site. You ought to know where it is. It's probably the best analysis you're going to get and I don't have the time to do it all over again.
Although mouln has been a registered user of this forum since 2015, I don’t see any threads or postings made by mouln other than this one.

I agree that the information provided in this thread sounds awfully familiar, though. mouln, did you delete your posting history?
 

Just Blue

Senior Member
Although mouln has been a registered user of this forum since 2015, I don’t see any threads or postings made by mouln other than this one.

I agree that the information provided in this thread sounds awfully familiar, though. mouln, did you delete your posting history?
Ding, ding, ding! Give the man a prize! :D
 

adjusterjack

Senior Member
I've run searches on the other legal sites and nothing came up. I'm adjusterjack on all of them so it's pretty easy to search all my material. I think it was within the past week or two. It was a pretty thorough explanation of the complexity of condo water damage claims gleaned from my own experience adjusting them.
 

quincy

Senior Member
I've run searches on the other legal sites and nothing came up. I'm adjusterjack on all of them so it's pretty easy to search all my material. I think it was within the past week or two. It was a pretty thorough explanation of the complexity of condo water damage claims gleaned from my own experience adjusting them.
I remember the thread. I think it was posted in the homeowners insurance section of the forum rather than this section, though, and it received several responses, including a thorough response by you.

Well ... if it was mouln who posted before, I hope s/he saved the answers before deleting. :)
 

adjusterjack

Senior Member
Mouln wanted "a knowledgeable attorney familiar with Maryland’s condo act."

I guess none of us qualified. :cry:

I wonder if Mouln will be back. :unsure:
 

quincy

Senior Member
Mouln wanted "a knowledgeable attorney familiar with Maryland’s condo act."

I guess none of us qualified. :cry:

I wonder if Mouln will be back. :unsure:
I believe that mouln said s/he would “greatly appreciate” advice from a knowledgeable attorney familiar with Maryland’s condo act.

That doesn’t really disqualify anyone else from providing advice. It just might not be advice that is greatly appreciated. ;)
 

zddoodah

Active Member
I recently purchased a a condo and before I moved in a leak in the the unit above me caused a flood which affected his unit, an adjacent unit and my unit.
Did this happen before you bought it? Or after you bought it but before you moved in? Also, later in your post, you mention a tenant, so did you move in and then move out to rent the place? Were you aware of damage at the time you bought the place? Did you put anything in the purchase agreement about responsibility for making and paying for the needed repairs?

The unit in which the flood started has filed an insurance claim against his insurer.
Ok...that unit owner's condo insurance policy may provide coverage for the repairs to his unit, but it won't provide any coverage for repairs to common areas or other units unless the damage was caused by that unit owner's negligence. Did the person who owned your unit before you bought it make a claim against his/her insurance?

The unit below him is filing a claim for damages, as is the renter in my unit for damage to his furniture.
With whom are these folks "filing a claim"?

My insurer has a 1,000 deductible so I will not file a claim on my one month old policy
If this happened before you bought the property, your insurance wouldn't likely cover the damage anyway.

My question is how to best proceed with my claim.
$1,500 is small claims territory all the way, but you'll have to prove that the damage was caused by the other unit owner's negligence. Given that you don't seem to know what happened here (especially since it happened before you bought the place), I'm skeptical that you could do that. Of course, all this takes me back to the question about whether you put something in your purchase contract about this.

The unit owner's insurance carrier advises that their liability in a claim over $5,000 will most probably be to pay the condo association $5,000 and that the other parties with damage claims will have to make them against the condo association's insurer.
That makes no sense. The association's insurer shouldn't provide any coverage at all (unless there's evidence that the damage happened because of the association's negligence).
 

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