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Water damage in condo caused by upstairs unit

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ryanhall

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

I am in need of some advice due to a recent incident with my condo in Georgia. Basically, I have experienced slight water damage to the ceiling and wall in my bathroom due to a leak from the unit two floors above me. The condo association dispatched a plumber to find out where the water was coming from and he confirmed it was from the unit upstairs because there was water under their flooring when he inspected it. We called the owner of the unit (who is renting it out to her son), and it took her four days to call us back and two more to give us the name of her insurance company. We then immediately called her insurance company and were told that they were not accepting liability at this time due to a lack of evidence of negligence. The HOA is saying they are not liable either.

Since the cost to repair this damage is probably less than $1K, I will likely cover this out of pocket and then seek reimbursement through a demand letter, and then small claims court against the condo owner, if that isn't successful.

So, does anyone have any feedback on my approach or advice to handle other ways? What do you think my odds are for recovering some or all of the cost to repair?

By the way, there is a relatively new law in Georgia (Georgia House Bill 1121) which seems to indicate that condo associations are required to cover exterior and interior walls and ceilings, so I am not sure if they should be included on the possible lawsuit.
 


moburkes

Senior Member
The easiest thing for you would be to file the insurance claim, pay your deductible, then let them do the suing. BUT, in order to do that you need to have dwelling coverage on your policy.
 

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