Water damage from unit above

[latarpley]

What is the name of your state? GA

I am a unit owner and the unit above is rented out by an owner using a landlord. Two previous water leakes caused damage to my unit and it was reported to the City Codes, HOA, and HOA Management that the repairs were not up to code and that the owner had no liability insurance. Long story short a massive water leak occurred yesterday causing a small flood that soaked ceiling, walls, and wood floor in two rooms and a maintenance closet. My insurance company is having to contact the HOA insurance company because as part of the HOA dues there is structural insurance on the building. My insurance company states despite what our bylaws say who the responsible party will be, they go by the HOA policy and my insurance is secondary. The leak was caused by the owner improperly installing a water meter to charge tenants for water that the owner pays for with HOA dues. I saw the receipt yesterday where the plumbing company replaced a leaking nipple. I need help from here. According to my insurance company the HOA may be responsible up to their deductible (10,000.00) and then my insurance will take over. If the HOA insurance does not cover the damage then my insurance is primary. I am concerned this is going to become a battle of insurance policy's and an owner with no insurance whatsoever. Should I get an attorney now or wait?

 

[Paddy Reagan]

First of all, your post does not provide a clear definition of the type of HOA you're being governed by. Because the units are adjacent, I'm presuming you're living in a condominium. It it's a townhome community with a true homeowner's association, the rules may be different.

These conflicts usually become battles between the insurance companies. Suggest you let them proceed until an outcome is clear. If your policy includes a deductable, that may be your only exposure and you can decide later if you wish to pursue a legal claim against the offending owner or landlord. Meanwhile, the companies should negotiate a way to pay for the damage and then move forward with efforts to recoup their losses. They'll have plenty of targets including the non-insured owner, the property manager (landlord), and the plumbing company.

 

[JETX]

Should I get an attorney now or wait?

No one can answer since your post is missing CRITICAL information...
How EXACTLY did the damage occur.... and who, if anyone, is liable and finally... why do you think they are liable???

 

[latarpley]

The condominium complex has Townehomes and Garden Flats. The HOA has structural insurance on the Garden Flats and covers common elements. My insurance company advised me some HOA's carry more coverage than they will admit too. The by-laws may state that the owner is responsible for all the plumbing with the defined boundries that are not common elements, but in fact they also have coverage. This would make my ins co. secondary to the Master policy.

Thank you for your input.

 

[latarpley]

How the damage occurred

No one can answer since your post is missing CRITICAL information...
How EXACTLY did the damage occur.... and who, if anyone, is liable and finally... why do you think they are liable???

Well this is the THIRD occurance I have had ceiling damage from this unit above.
1. Last July - a leaking water heater, two weeks later
2. a poor excuse for a plumber let water loose when replacing the water heater.

when inspecting the damage, my repair company advised they saw the install on the water heater. NO drip pan and the overflow was not connected to the drain. Also no expansion tank.
I notified the city codes department, the HOA President, and the HOA Management company and sent a certified letter to the Landlord, demanding codes compliance.

The Landlord showed me a bill yesterday where she paid to have a nipple replaced where the water line connected to the water meter. Definantly not a common element issue because the water line is specific to unit and is within the unit's boundries. Also, the units do not have water meters!!. All the units water is paid for via the HOA dues and water consumption is based on square footage. Apparently the landlord of the unit above is RESELLING the water to the tenants.

 

[JETX]

Let's try this ONE more time:
'How EXACTLY did the damage occur.... and who, if anyone, is liable and finally... why do you think they are liable??"

 

[latarpley]

Damage from running water.

A water line specific to the unit broke at a nipple where it was connected to water meter. The water meter is not a part of any unit and was installed by the landlord for that specific unit. The landlord is not part of the HOA or the HOA management company. The landlord is the cousin of the owner. The owner lives out of the country. The water came out of the pipe ran down through the floor to my ceilings, down the walls, and came out around my base boards.