Condominium living gives a property owner freedom from overwhelming maintenance obligations and access to valuable amenities, such as a community pool or exercise equipment. While condo owners must maintain the interiors of their units, the condominium association is responsible for managing shared spaces and building infrastructure.
Sometimes, damage within a unit is actually the result of another property owner’s negligence or the failure of the condominium association to maintain shared facilities. Damage that originated outside a unit can cause damage to a condo. For example, water damage could cause a ceiling collapse. It could damage walls or electrical wiring. Mold could grow inside the condo, causing health issues for occupants.
Condominium owners may sometimes find themselves fighting with a condo association because the board does not want to cover the costs of water damage.
When is the association liable?
State statutes very clearly outline maintenance responsibilities for condominium associations and individual property owners. Individual owners are responsible for leaks or overflows that occur within their units. If an upstairs neighbor ignored a clogged toilet then overflowed, causing substantial property damage to other residents nearby or underneath them in the building, that unit owner may be responsible for the damage their negligence caused others.
However, when the water damage is the results of a failure to maintain a currently vacant unit or the infrastructure within the building, then the condominium association is potentially responsible for repairing not just the source of the water damage but also the damage to individual units.
If a leaking roof or aging plumbing is the underlying cause of the water damage to a condo, the association may be the party responsible for repairing the damage. Condominium owners may need insight from repair professionals to validate the origins of the water damage and their right to seek compensation from the association.
In cases where prior requests for repairs have been unsuccessful, condo owners may need to sit down with an attorney to review the damages they’ve sustained and other details of the situation. With proper legal guidance, condo owners can hold the right party accountable for water damage that affects the use or resale value of their properties.