Our Association's Declarations and ByLaws read very vaguely about the responsibility for damage caused from unit to unit (Alaska). We are looking for examples from other Associations in order to either amend the declaration or create a "rule". Here's what we've run up against recently. These are apartment style buildings, 4 levels with garage under. An upstairs units bathtub had a leak that was not visible inside that unit, but leaked into the unit below. The insurance carrier for the unit that caused the leak claims "no negligence" and therefore denied the claim. The plumbing inside the unit had to be repaired (access was gained from the lower units ceiling)and sheet rock damage repaired (from plumbing repair and water damage) to the unit below. The Association's master policy was consulted ($10,000) deductible, and he explained that the unit below bears the "liability" and therefore their insurance would pay the claim. This is really hard to explain to the Homeowners. When we refer to the declarations and bylaws, they do not speak directly to a situation such as this. The Insurance agent for the Association said that "precedence" should rule. In previous incidents, the owner of the unit that caused the plumbing problem has paid. Now, when it comes to uncooperative owners and their insurance carriers, we find that we need something in writing. Amendment, resolution or rule. Can anyone offer their declarations "language" for us?
