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


Question:

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


Answers (29)

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