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Is condo association or owner responsible for water damage to unit?

Posted on Thu, Jun 16, 2011 @ 06:59 AM
  
  
  
  

I own a condo in a building in Chicago and we had a big rain storm and the building's storm drain was inadequate to handle the amount of water coming from the roof and the water has backed up into my second floor (none on the first floor) condo and my hardwood floors were destroyed. This is the second time this is happening within 3 years. First time the damage was $400 and I did not make much fuss nor did I make a claim with my insurance. I replaced cheap destroyed carpet with hardwood floor out of pocket. I did let the building know that is happened and that there is a problem with my unit being connected to the storm drain. However this time the damage is much bigger (estimates range from $4500 – $5500) and I am not paying myself this time. The Condo management company is being very hard to deal with and claim that this is typically unit owners responsibility. Who is responsible for the damage? My flood ins policy covers $2000 damage and have a deductible of $500. Do I have to pay $500 deductible + over $2500 that insurance won’t cover) or should this be paid by the association? Their master insurance covers common areas, and the exterior of my unit including drywall but not the flooring. However in the light that this is clearly not my fault, and that they had known about this problem 3 years ago and had not done anything to resolve it I believe the condo assoc should pay from their reserves fund. There is not point in me paying to fix this if I am going to get flooded next time major rain comes. Please advise

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COMMENTS

In our condo if the water has entered from the outside the association is 100 per cent responsible. We recently had this happen at our condo and the condo property manager took over the entire drying, replacement of wall board and carpet.

posted @ Thursday, June 16, 2011 7:23 AM by bob gross


Read the condo documents. There is an insurance section that will tell the board what they must purchase and what it must cover. Often, I see the association must purchase insurance to rebuild the condo unit back to builder grade (carpeting not hardwood flooring). If you have documentation that the building had drainage issues and this was bought to the boards attention and no action was taken. You may have a liability case against the association for your damages. Often Condo buildings are built with residential rain gutters and they should have been built with larger commercial gutters.

posted @ Thursday, June 16, 2011 7:28 AM by Ronald Hicks


Our association carries what is referred to as an HO-6 insurance policy. The owner is responsible for the deductible but it is only $500 and if they have insurance that covers contents their insurance can kick in for the deductible. The HO-6 covers pretty much everything except personal property. The associations documents also state that damage caused from outside water is the responsibility of the association.

posted @ Thursday, June 16, 2011 7:48 AM by Leslie


I don't live in a condo so I cannot comment. However, I wanted to give my opinion regarding the manager's attitude in addressing this problem. The manager acts on the board's instructions; however, some manager's think they are the boss and will do as they please. I don't know how your board operates, but if the manager doesn't act as you think he/she should you should be dealing directly with the board.

posted @ Thursday, June 16, 2011 8:17 AM by mary


In addition to reviewing your association bylaws get and read a copt of the Illinois State Condominium Act. Between those two documents you should be able to establish responsibility for damage repair responsibility to your water damage.

posted @ Thursday, June 16, 2011 9:26 AM by Scott Adler


Had a similar problem and am in Illinois. The condo insurance covered all the damage - including my wood flooring. The association was responsible for the deductible required of the condo insurance. I paid nothing because none of it was caused by my individually owned portion; it was owned by the condo association. The responsibility falls on the responsible party.

posted @ Thursday, June 16, 2011 1:44 PM by c


I had notified the association months prior that the roof over my garage was leaking. They chose to ignore it. Once the big rains came my piano which was stored there was badly damaged. It is the associations responsibility to fix problems in a timely manner. They did not and were responsible for the damage.

posted @ Thursday, June 16, 2011 7:29 PM by Jackie


I am responding to Leslie...a condo association does not carry the HO-6..that is the unit owner's coverage form. The association carries the master policy which is a commercial policy, and covers the exterior of the building to include roofs, gutters, downspouts, common elements. The HO-6 covers the unit from the studs in and the unit owner's personal property and personal liability.

posted @ Friday, June 17, 2011 2:50 PM by Patti


I live in a condo building and since I have moved in (2009) I have been getting water damage during rain storms. I have documented each and every time it has occurred. I have repeatedly reported this to the front office/board. Initially they seemed helpful and explained that they were tuck-pointing my tier and the damage should be resolve after that. Well, in Oct. of 2010 another rain/snow storm revealed that the issue was not corrected. Again this past week, my unit was damaged in a storm, while attempting to correct the previous damage from last October. While the office continues to place blame on unit owners above me, my unit is still being damaged. I am convinced that this is a structural problem and the association is responsible. What is my best course of action at this point?

posted @ Thursday, June 23, 2011 12:18 PM by Jessica


Jessica, I am going thru the exact problem in my building. Maybe the same building haha. I have already pulled an insurance claim on my unit because of severe mold problems of where the rain water was coming in. The assication said they fixed in repeatedly by sealing windows above my unit and it hasnt stopped leaking into my condo. It has gotten to the point where I have called an attorney to handle the situation. This is due to a bylaw stating I cannot go after another condo owner for damages in my unit which I know the association will try to blame it on. What I want out of them is to have a professional company come out and find where the water is coming in throughout the entire building. There are several unit owners who have my issue as well. It frustrating because I feel like I dont have a voice or not taken seriously.

posted @ Thursday, August 11, 2011 1:54 PM by Chad


The drywall within any condo unit is covered by the association. Since the damage is not a result of neglect or intentional damage by any one owner the association is responsible to cover the damages/costs/repairs.

posted @ Wednesday, September 28, 2011 7:34 PM by Raffaella


In my helpless time, you give me help. Sincerely thank you!!!!! 

posted @ Wednesday, October 12, 2011 9:07 PM by gucci handbags outlet


Damage caused by water is sometimes very severe. And if damaged property is insured prior then it is a right of the client to have the complete claim. And for those who don't insure their house and faced a water damage must call some professional plumber immediately so that the effect of the damage can be minimized.

posted @ Tuesday, November 08, 2011 3:41 AM by Water Consultants


HI all,my concern and big question to all is,I live in a complex of small 13 units.I have a bad board from not long ago, a guy who moved not long ago above me started construction with no permits, started taking his floors out wals etc, banging everyday like crazy, noises all around ok it was understandable.This building is 80 yr old, so wall didnt hold and cracked a lot because of my new neighbor,since he had no insurance I did but my insurance didnt pay anytihing because they said its association resposibility and neighbors, my assosiction said its not their problem and now whos right?i was left off with craks on my walls, craked ceiling all over my living room and kitchen.Please help.

posted @ Monday, January 23, 2012 9:51 AM by carol


Same issue in my building with two basement units and water damage. I know they've replaced their floors at least once after flooding. They never came to agreeance with the HOA on estimates for the damage so they've never gotten any money. Now they just refuse to pay HOA fees ever. Pretty riduculous situation and the HOA is preparing to lean their properties.  
 
 
 
It seems like there should be some type of buyer beware in this siutation, especially with ground floor, below grade units. Did they not have an inspection? The floors had water damage when they moved in but they chose to ignore that and jump on the cheap price instead.

posted @ Wednesday, February 01, 2012 12:02 PM by JC


 
HELP sick from toxic dust in CONDO; 
subfloor/slab foundation w/ ducts crumbling making us all very sick, dust everywhere & docs are saying & EPA this is so very toxic; WHO IS RESPONSIBLE for faulty bad concrete work; EXPERTS SAY FOUNDATION DUCT WORK SHOULD BE SEALED & NEW DUCTS INSTALLED; SUBFLOOR DUCT WORK BLOWS & WE ARE COVERED IN TOXIC DUST EVERYDAY IS THE ASSOCIATION RESPONSIBLE? MANY BUILDING WITH SAME ISSUES & WORSE, PLEASE HELP US!

posted @ Wednesday, November 21, 2012 6:45 PM by ta


I own a condo in ocean city New Jersey. The condo was damaged by sandy. The association did not sand bag our front doors because a resident stayed . A mandatory evacuation was ordered.The water came thru the common front door. The front door was also reported damaged before the storm. My insurance only covers half of our estimates. What can I do?

posted @ Thursday, June 06, 2013 2:20 PM by David kenney


Unless you filed a formal complaint the first time, and therefore have proof that the HOA didn't do anything, you will probably have to pay for it. The drain problem will need to have been on file before this incident.

posted @ Monday, November 18, 2013 12:45 PM by Elisa Jed


What an interesting question. I have actually been wondering the same thing in regards to storm damage. Seems like it could be a little tricky. 
 

posted @ Wednesday, January 08, 2014 1:55 PM by Charles Neslon


Tribune 12 - 8 -2013 Article by Howard Dakoff.  
Lawsuit won due to rain water ingress. Anyone winning a suit, please post so others can use it as a means in court. For too long justice has been at such a high price. Share. And win! You will never feel wrong doing what is right!

posted @ Wednesday, January 29, 2014 3:32 PM by Linda


Sounds like they need to clean or replace their gutters. I would double check your bylaws and maybe local laws, but I think they should be responsible. You may want to get a contractor out to survey the damage and identify the cause of the problem in writing. If it turns out to be their responsibility make sure they cover your repairs and the cost of cleaning, fixing, and/or replacing the rain gutters and storm drains that are causing the problem. Good luck and I hope your home is repaired soon. http://www.mrgutternorva.com/Gutter-Repair-Burke-VA.html

posted @ Tuesday, June 24, 2014 11:00 AM by Julia Emmers


Typically in a condo, you are responsible for the PAINT inward. If the drywall needs to be replaced, that's on the association. So if its just a minor water stain that just needs to be painted... that probably on you (although most condo associations would probably just paint it in this situation). If the water leak damaged furniture, carpet, etc... that's on you. For more Details about this topic EPDM Roofers

posted @ Sunday, June 29, 2014 11:41 PM by ALVIN


Water damage can be the biggest nightmare to a home owner in the world. I remember one time we had a plumbing problem, and our basement filled up with about 2 inches of water. It completely ruined our carpet, and caused thousands of dollars worth of other damage. I'm really glad we got that taken care of. http://www.servprosoutheastmonroecounty.com/water-damage-restoration

posted @ Monday, June 30, 2014 5:24 PM by Edmond Vandergraff


I had a sewer back up in my condo, The management co. is taking care of the floors,walls but what about my personal property? My insurance Co said they wouldn't pay because it was nothing I did the management co said they aren't resposible either what do I do now? I have about 20 thousand in personal property damaged. Any help...Brookfield,CT

posted @ Monday, July 07, 2014 10:42 AM by Hank DeMarco


I agree-- it sounds the gutter guards are the problem, and that's the HOA's responsibility. If they try to dodge payment, a lawyer can help you out. They really need to fix the gutters for the future, or this will keep happening. Best of luck to you. 
 
Jenn | http://www.dqginc.com/leaf.html

posted @ Monday, July 07, 2014 3:16 PM by Jennifer Davies


It's experiences like this that make this industry difficult. The fact that water damage happened again only 3 years later just makes it all the worse. I wish there was a way to just complete damage proof everything. The upside is when you can get insurance to cover it new floors always look nice.  
Tim Johnson| http://www.charlotterestorationnc.com/?page=services

posted @ Friday, July 11, 2014 1:04 PM by Tim Johnson


The provisions of the condominium bylaws and the dictates of the Il;linois State condominium actg will fgive you the answer. But there is a groqwing trend that unscrupulous posters are really simply generating advertisements for their companies. This trend if it continues will slowly destroy the value of these blogs.

posted @ Friday, July 11, 2014 5:49 PM by Scott


It really depends on how the water damage was caused. If they go too long without cleaning their drains, and it ends up clogging and causing damage, then I think it should be the owner's responsibility. If there is a big storm, and the kitchen floods, then I think the association should pay for that. http://www.thedraindoctor.ca/draincleaning

posted @ Tuesday, July 15, 2014 2:21 PM by Talmage Dangerfield


I agree with Talmage, if the damage was done by a storm then I think the association should cover the costs. We had a huge rain storm here in Idaho last week that completely filled up our basement with water. It was devastating, and is going to be so hard to ever get our condo back to normal. I really hope that the association covers the repair costs. http://www.aaacleaningteaminc.com/Water_Restoration.html

posted @ Monday, July 21, 2014 2:38 PM by Tony De Azevedo


Water damages are a nightmare for home owners. I want to know about EPDM Roofing Solution? Are these coatings helpful in water damage repairs?

posted @ Tuesday, July 22, 2014 12:21 AM by Lisa


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