Our Maryland Condo Association ByLaws state that, ‘With regard to Limitation of Liability, the Council shall not be liable for the failure of water supply or any other services to be obtained by the Council, or paid for out of common expense funds, or for injury or damage to person or property caused by the elements, or from any pipe, drain, conduit, appliance, or equipment.’
Does this wording mean that, even if common elements cause a problem, the condo unit at the core of the issue is not to be responsible for the damage and/or repairs? For example, assume that an upstairs neighbor’s drain is the cause of a leak, and they are responding in a passive-aggressive manner. Is the only recourse on pursuing repair to sue?