What if there is a leak in the unit; whose insurance covers the damage?
There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance carriers on notice. The Association is responsible for all portions of the condominium property as originally installed or replacement of like kind and quality in accordance with the original plans and specifications and any alterations or additions made to the condominium property or association property as a material alteration to the common elements. However, the Association is not responsible for insuring or repairing anyone’s personal property within the unit or limited common elements, nor is the Association responsible for insuring floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, 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 the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner.
The Association files its claim to cover the portions of the building it is responsible to insure and repair. The damaged unit owner(s) and the owner who caused the damage must file with their carriers to cover the damage to the excluded items. The owner who caused the damage may also be further responsible under the statute and may become responsible for the any amounts not covered by insurance if the damage resulted from an intentional act, a negligent act, or a violation of the rules or the Declaration of the Condominium. These are often difficult issues, and you should always consult with your attorney whenever there is a leak in your condominium building.
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