What Happens when the Hot Water Heater Bursts?
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This is a question I am asked seemingly on a daily basis. It has some variations in format; perhaps involving a burst pipe, toilet/shower leak, or air-conditioner drip pan overflow but the theme is always the same. That is, something involving the unexpected flow of water happens within a unit which causes damage to other units, typically the unit(s) located directly below the water event, and to the common elements. Who is responsible to repair the damage? Who is responsible to pay for the repairs?
Water intrusion events like these are usually considered casualties. A casualty is something that happens unexpectedly, through no fault of anybody. Hurricanes, tornadoes, strong storms and other Acts of God are easy examples of casualty events. A burst pipe within the ceiling, floor or wall is also, most often than not, a casualty because no one can accurately predict when a pipe will fail. Of course, this will change where, for example, a unit owner or the association is aware of an existing pipe leak and does nothing to fix it. Similarly, where a condominium association has a rule requiring owners to replace their hot water heaters at least once every 10 years, the 11 year-old hot water heater that bursts will probably not be a casualty event.
The association has a statutory responsibility to insure the units, common elements and association property for casualty damage. Similarly, the unit owners must insure portions of their units against casualty damage. Keep in mind that the obligation to maintain something does not always translate into an equal responsibility to insure that same item. The Association and unit owners’ insurance responsibilities are described in Section 718.111 (11), Florida Statutes. The unit owners must provide insurance for all floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and counter tops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of a unit. The Association must provide casualty insurance for everything else.
When a casualty occurs, the association must file a claim with its insurance company for any damages to the common elements and other items that are the association’s insurance responsibilities pursuant to the Condominium Act. Likewise, a unit owner is responsible to file a claim with his/her homeowner’s insurance for damages to the unit and its contents. Neither party is liable to the other nor would either insurance company be liable to the other.
If there is casualty damage to the common elements and/or other items that the association must insure that exceeds the association’s deductible and the proceeds from the association’s insurance are sufficient to pay for such damages, the law requires the association to repair the damages to these items (i.e. fixes the broken pipe, leaking roof, etc.) and nothing further needs to be done. If the proceeds from insurance are not sufficient or if there are no insurance proceeds (either because there is no coverage or because the damages are below the deductible), the association must repair those items that it is responsible to insure and the cost to do so is a common expense shared by all of the unit owners. The declaration may actually provide a different process when there is a shortfall in insurance proceeds but an association cannot follow this different process unless a majority of the entire membership votes to "opt-out" of the law and into the different process described in the declaration.
The association is not responsible to pay for any casualty related damages to a unit owner’s personal furnishings or to the list of “excluded” items (listed above) unless the association was negligent and such negligence caused the damage. It is also possible that a unit owner may be negligent. If a unit owner’s negligence (or intentional act) causes damage to the common elements and/or other units, the association must still repair all of the common elements but the negligent unit owner (or his/her insurance) will be responsible to pay for the damages. Similarly, if a unit owner’s negligence causes damage to another unit, the other unit owner suffering the damage should file a claim with his/her individual insurance and such insurance may then go after the negligent owner for damages.
There is a difference between normal, day to day maintenance and repairs verses those repairs made necessary due to a casualty. The declaration of condominium will often contain a separate section dealing with repairs after a casualty. In addition, the insurance responsibilities of the parties involved will often dictate who has to actually perform the repairs after a casualty.
I see that Florida Law now requires that Condo Associations now carry the responsibility to replace or repair "air conditioning equipment" following and caused by, a "casualty." I would like to understand the logic.
AC equipment has two major components. Number 1, the compressors, are each located on roof outside the condo building. The other major component,air handlers, are located within each condo unit, just like a washer/dryer and connected to the compressor with refrigerant pipes and electric wires.
1. In the event of a "casualty" is the Association responsible for all components, including the air handler?
2. If responsible for all components, is it for claims caused by casualty only or, all other types of air handler failer and, how does the association protect itself from owners rquesting that a new air handler be installed or repaired (at the association's expense) every time an air handler or compresser malfunctions.
Is it legal?
Our Board has informed our association, 'it' has voted to eliminate our contract with our buildings service provider. However, a percentage of each owners maintenance fees are paid for this service each month to address small problems that may arise before they potentially manifest into a larger causality. Many owners are unhappy with our boards 'decision'.
Am I correct in stating, a 'majority vote' by the owners is needed by a 'special meeting', to make such a change that would ultimately affect the health and well being of the buildng and ALL concerned?
blh
I recently had a hot water heater pipe break from behind my wall soaking 9 other condo's below me. I just recieved a letter from one of the insurance companies asking me to contact them. I have no insurance. How liable am I for damages?
Who is responsible for the additional $300+/3 months water fees in association with the water pipe leakage? Normal monthly water fees are ~$20/month for the tenant. The pipe leakage was caused by a tree root in the HOA responsibility area. The HOA had already fixed the pipe leakage. I am the condo unit owner. Please advise. Thanks.
What is the new law concerning condo air-conditioners? Is there a new law?
I HAD MY TENANT TELL ME A FEW MONTHS BACK THAT SHE COULD HEAR A DROP BEHIND THE WALL. I WENT TO THE UNIT AND FOUND NO SIGN OF LEAK AND DROP WAS NOT HAPPENING AT THE MOMENT. THEN SHE WAS LEAVING IN JULY AND IN JUNE REALIZED THAT A CORNER OF MY CLOSET WAS ALL WET AND THEE WERE YELLOW SPOTS ON THE WALL.
WHEN I WENT TO THE UNIT THERE WAS VISIBLE WATER DAMAGE. THE CONDO ASSOCIATION SAID IT WAS THE UNIT ABOVE ME FAULT. THAT UNIT ABOVE ME WENT INTO FORECLOSURE IN THE LAST MONTHS AND NOW THAT I HAVE CHANGED FLOORING,PAINTED, AND PUT NEW DRYWALL AND BASEBOARDS, MY CLOSET HAS ONCE AGAIN GOTTEN WET AND THE FLOOORING HAS LIFTED AND BEEN DAMAGED. THE WATER IS OBVIOUSLY COMING FROM THE WALLS AND MY TOILET AND SINK ARE NOT VISIBLY LEAKING. THE ASSOCIATION SAYS THEY ARE NOT RESPONSIBLE AND MONTHS AGO WHEN IT FIRST HAPPENED THEY SAID IT WAS THE UNIT ABOVE ME. NOW THAT THAT UNIT IS EMPTY THEY SAY IT IS PROBABLY MY UNIT.
WHAT CAN I DO? AND HOW RESPONSIBLE ARE THEY AND WHO IS LIABLE FOR THE DAMAGES AND FIXING THE LEAK?
I own a condo in FL. My renter called stating the toilet leaked into the bathroom and water is in the bedroom. We immediatly called the Assoc. plummer and within a couple of hours the leak was fixed. The renter went and got the carpets steam cleaned. The Neighbor called saying they had water damage. We offered to clean his carpets as well and he declined and wanted us to pay for new flooring, floor boards and a new vanity. We declined and offered to steam clean again. Now he is suing us for $1100 because he wants us to pay for the damage. What is your advice? Are we liable? We don't have interior insurance on our condo and I believe he does not either.
I live in a condominium in southwest Florida. I have been informed of a leak in the copper pipes that are buried underground for my air condition. The area of leak is not able to be repaire due to concrete and the neighbors air unit. I have to have new copper pipes run from unit outside, through attic, and to the handler inside. Is this a responsibility of the association, or myself (homeowner)???
I live in a condominium in southwest Florida. I have been informed of a leak in the copper pipes that are buried underground for my air condition. The area of leak is not able to be repaire due to concrete and the neighbors air unit. I have to have new copper pipes run from unit outside, through attic, and to the handler inside. Is this a responsibility of the association, or myself (homeowner)???
Last August my water heater broke, and water leaked
into the apt below, the unit owner's condo insurance
paid for repairs. Her tenant who was away when this happend just sent me letter
asking me for over $3000 because she had to buy new clothes
and, cleaning appliances, such as a new vaccume cleaner
new bedding etc.
Am I responsible for this?
I am new to this blog and have a question:
Are answers available to the 10 or so questions related to this article?
If so, where?
Thanks,
Bob