drowning11
Junior Member
What is the name of your state? hawaii
hi, i've resorted to asking for some advice on this website.. hopefully it'll help. so here goes: i own a unit in my condo, and i've been out of state for business for a month only to return and find a leak above my toilet. There was a huge dip in the ceiling and so i called the resident manager who came by to look at it and cut open a hole to drain the water. He called the plumber and it was determined that the leak was coming from the unit directly upstairs and the tenant upstairs was taking a shower at the time of the leak. The resident manager told me that the problem should be paid for by the tenants upstairs, and that it was not my fault at all. If the tenants upstairs didn't pay, we should go ahead and fix it and we would get reimbursed by the association.
Now a few days pass, I still have a hole in my ceiling with UNCLEAN TOILET water falling. we've patched it up w/ cardboard and done what we could. My neighbor fixed his plumbing through his insurance company and so the leakage has stopped. The resident manager calls and sings a different tune saying that we should go talk to the unit upstairs and ask for them to pay. which is what i did, only to have my neighbor tell me to talk to his adjustor from his insurance company. the adjustor came to my unit to inspect it and said that it was not due to negligence so the insurance company would probably not cover it and that my neighbor also has a liability policy so he doesn't have to pay for my damages. BUT doesn't that mean his insurance company has to pay for it?? also, if the damage isn't covered by the insurance company, shouldn't the tenant be the one paying for it out of his own pocket???
The resident manager is telling us that the deductible with the condo association is $5000 and our damage is estimated at a little under a $1000 so it wouldn't be covered. Also the problem is an individual unit problem so we would have to solve it on our own. Is it ridiculous of me to expect some sort of mediation on the part of the association??
I can't help but feel extremely hosed here. What happens if I go ahead and fix the problem only to have it happen again?? It seems like everyone is just pointing fingers... ALSO, one impt factor.. i don't have homeowners insurance.
I'll appreciate all answers/advice! Thanks.
hi, i've resorted to asking for some advice on this website.. hopefully it'll help. so here goes: i own a unit in my condo, and i've been out of state for business for a month only to return and find a leak above my toilet. There was a huge dip in the ceiling and so i called the resident manager who came by to look at it and cut open a hole to drain the water. He called the plumber and it was determined that the leak was coming from the unit directly upstairs and the tenant upstairs was taking a shower at the time of the leak. The resident manager told me that the problem should be paid for by the tenants upstairs, and that it was not my fault at all. If the tenants upstairs didn't pay, we should go ahead and fix it and we would get reimbursed by the association.
Now a few days pass, I still have a hole in my ceiling with UNCLEAN TOILET water falling. we've patched it up w/ cardboard and done what we could. My neighbor fixed his plumbing through his insurance company and so the leakage has stopped. The resident manager calls and sings a different tune saying that we should go talk to the unit upstairs and ask for them to pay. which is what i did, only to have my neighbor tell me to talk to his adjustor from his insurance company. the adjustor came to my unit to inspect it and said that it was not due to negligence so the insurance company would probably not cover it and that my neighbor also has a liability policy so he doesn't have to pay for my damages. BUT doesn't that mean his insurance company has to pay for it?? also, if the damage isn't covered by the insurance company, shouldn't the tenant be the one paying for it out of his own pocket???
The resident manager is telling us that the deductible with the condo association is $5000 and our damage is estimated at a little under a $1000 so it wouldn't be covered. Also the problem is an individual unit problem so we would have to solve it on our own. Is it ridiculous of me to expect some sort of mediation on the part of the association??
I can't help but feel extremely hosed here. What happens if I go ahead and fix the problem only to have it happen again?? It seems like everyone is just pointing fingers... ALSO, one impt factor.. i don't have homeowners insurance.
I'll appreciate all answers/advice! Thanks.