Water damage from the condo above me
Condominium owners can experience leaks from other units, which is not uncommon. Leakages from neighboring condos are inevitable because they’re surrounded by units on either side or above. The risk of leakage increases when you consider that there may be owners living in the condo part-time and units that are completely vacant. Although condominium leaks are quite common, unit owners often don’t know who is responsible for any repairs or remediation required.
Water damage from the upstairs neighbor
If a neighboring condo was the cause of the water leak and it wasn’t obvious, like a burst hot-water heater, then the association is responsible for any damage to ceilings or walls. As per SS 718.111 (11), any interior damage that results is the responsibility of the owner. However, condo owner insurance policies should be sufficient to cover any damage that is not covered under the association’s policy.
Different rules will apply if the damage is caused by the failure of the owner to promptly fix or maintain a known, foreseeable issue. For example, suppose that the upstairs owner of a unit leaves for a long time and leaves his faucet on accidentally. This can cause flooding, water intrusion, or damage to downstairs units. Florida Statute 718.111(11),(j)(1) states that the upstairs owner of an apartment would be responsible for any damage caused to condominium property that is not insured by condominium insurance.
Additional clauses that are related to Florida Statute
The neighbor’s condominium downstairs is also subject to liability under the statute. If the cause of the water leakage is caused by an intentional act of the owner of the unit, or if it’s the result of the owner not following the rules of the condo documents (including its regulations), the same rules apply.
How can you be responsible for a neighbor's condo?
First, unit owners should know that the condo association responsible under Florida Statute SS718.111(11),(f) is the condominium owner. The following items are not the responsibility of the condo association:
- Personal property, limited elements and common items, floor, wall, and ceiling coverings.
- Electrical fixtures.
- Water heaters.
- Built-in countertops.
- Window treatments. This includes curtains, blinds, and hardware.
The association is responsible for the drywall, and everything behind it. However, all components of the drywall that extend into the unit are the responsibility of the owners. It is the unit owner’s responsibility to maintain and repair any appliances, furniture or cabinets.
Who is financially responsible for the damage?
It will all depend on the extent of damage caused by the event, as defined in the Condo Act. Although the Act doesn’t define “insurable events”, they are understood to refer to an insured peril, as that term is often used in commercial insurance policies. The term “casualty” is used to describe something unexpected, sudden, or unusual.
What does the Condo Act say about a Condominium leak?
The Condo Act is unclear about who is responsible for drying out after water damage or major leaks. This can lead to significant expenses. Both the owner and the association have the interest to protect their properties, but each party may be unable or unwilling to do so, depending on the costs. If neither the insurer of the owner or the association will pay the costs, then the association must assume them. As an association, it has a right to ensure that water seepage and standing water do not cause damage to the property or infrastructure of condominiums. To put at risk critical condominium elements, drying out units is not worth it.
Answers to frequent questions regarding leaking from neighbor's condominium
A condominium board must answer the difficult question of who is responsible for water damage. Example: Water enters the condo through the roof and causes damage to upper unit #1. It then flows through condo #2 and causes further damage.
This question is often asked in our office. We usually respond “It depends.” It’s not something you like to hear, but I do. But until I learn more, I must give the answer. The analysis can be complicated. First, we need determine what water damage occurred, through to an exhausted evaluation, of:
Next a true or false table about rules of water damage from condos:
If there is a water leak from a neighboring condo, the owner is responsible.
The association is responsible for the drywall, and everything is outside or behind the walls.
You need to determine the extent of water damage to make a decision about whether you want to file an insurance claim.
Water damage from the upstairWater damage from condo above me s neighbor
It can be difficult to manage water damage in upstairs condos. Water Damage Near Me explains how to file a claim and what to do next.
Water damage from upstairs neighbors
Condominium owners can experience leaks in their units that aren’t related to theirs. Leakages from neighboring condos are inevitable because they are all around you. The risk of a leak increases when you consider other owners, who may not live in the unit full-time, or units that are completely vacant. Although leaks are quite common, many owners don’t know who is responsible for any repairs or remediation required after Water damage from the condo above.
Once you have identified the problem, it is important to find the source and talk with the upstairs condo owner about it immediately. The source of the water damage to your ceiling could be any number, so it is important that you and the upstairs condo owner address this issue quickly. This prevents any further damage, which could lead to mold or water damage.
Below are steps to follow in the event of water damage to your condo
- The leak was discovered.
- Talk to the owner
- Get rid of any standing water.
- Make sure to turn off the breakers if you are removing any electrical devices.
- Check your insurance policies
Safety protocols and dry-outs
If there has been extensive water damage, don’t forget about removing valuables from the affected area and moving them to a dry location. You should remove any items that are not needed. Other types of property damage can occur if there is extensive water damage. Make sure to search the property thoroughly. Avoid standing on wet surfaces or carpets, and especially not on concrete.
Revision of local laws
The association is not required by law to replace wallpaper or paint on walls. The association can hold the unit responsible if the water infiltration occurred within a unit, rather than through a common pipe.
Condo insurance coverage
If water damage from upstairs neighbors has caused the leak and it was not obvious, such as a burst hot water heater, the association will pay for the damaged ceilings or walls as well as the infrastructure, such as the damaged wiring behind walls and subsequent mold growth. As per SS 718.111(11), any interior damage that results is the responsibility of the unit owner. However, condo unit owners should insure their units against any damage that is not covered by the association.
Different rules will apply if the damage is caused by the failure of the other owner to promptly fix or maintain a known, foreseeable issue. For example, suppose that the upstairs unit owner is out of town for a long time and leaves his faucet on accidentally. This can cause flooding, water intrusion, or damage to the downstairs units. Florida Statute SS718.111(11),(j)(1) states that the upstairs unit owner is responsible for any damage to condominium property not covered under the condominium’s insurance policy. The upstairs unit owner is also liable for damage to the neighboring condo. If the source of the water leak is an intentional act of the unit owner or the result of the unit owners’ failure to comply with the rules and regulations of the condominium, the same rules apply.
Need more help? Get in touch with Water Damage Near Me immediately!
Water Damage Near Me can help you if your condo has suffered water damage. We offer:
- Water mitigation specialists
- High-tech drying equipment
- All of your baseboard repairs and small plumbing requirements are covered under one roof