The decision is a correct one. The language used was meant to protect the insurance companies from having to pay out. Living in Condominium does not relieve you of taking care of your financial assets, in this case, your HOME!
There is different time frames with each insurance company, stating how often an unoccupied home must be checked. I immediately consulted my home insurance company and received the following response:. This would be something that would be a good idea for you to clarify with your insurer regardless, so it might be a good idea to ask your strata or your property management company if they have any additional information. Unfortunately, these types of Condo issues happen more often than not.
Owning strata has its inherent exposures to damage from other tenants above and below. Some insurance companies have additional policies available to cover most of these issues which will certainly increase premiums.
There was a leak underneath my dishwasher. I only noticed this, as the laminate flooring was beginning to warp. I immediately had the valve at the connection to my dishwasher switched off. The unit below subsequently had a stain and damage on their ceiling. Management sent their plumber in to investigate my suite.
I called in a plumber, who checked for other leaks, removed the soft copper pipe, and added a new connector valve at the junction. Management informed me that I would be responsible for the damage downstairs. We have not even addressed the damage to my flooring yet! I presumed our condominium insurance would cover this type of an event.
They too believed these repairs would be covered under our condominium insurance. This, I am sure happens to many other owners in condo dwellings. We all have the same pipes, installed at the time of building.
Actually, we had a lot of work done in this building, related to missing water access junctions. My suite was chosen, by the mistake of the plumbers , to install said junction, to allow global flushing. I never made a complaint or sued anyone for negligence builder , or the plumbers, when they chose the wrong suite, and put 2 large holes in the walls of my laundry room and main bathroom, before finding a viable position!
Our buildings plumbing had not been flushed in all the 11 years since it was built. My problem is my neighbours keep raining on me. Each time I have to make a claim on my insurance and I wonder will I still be able to buy insurance or afford it after several claims. I have never had a claim that was caused by me but now I am not claim free. It may not be negligence but if I was in my car and someone hit me it would be up to the other driver to be charged with the accident.
How is this different than a neighbour causing damage to my suite. The wrong person is being punished for something that is not their fault. The above condo suite had a failure of their water tank which of course allowed water to flood into my condo.
The damage resulted in the floor all being replaced, through my insurance. Not ever thinking of the condo above causing damage I had a two thousand deductible.
It all seems unfair as the source was not in my condo. We are inconvenience by having those Air Movers 5 days a week on for 24 hrs.
I only get my electricity costs back but not the inconvenience of sleeping in over 30 degrees Celsius with the noise on. This case happened to condo unit owners Clayton Zale and Eileen Kelly from BC who sought to recover their deductible from a unit with a leaking toilet through small claims court Zale et al v.
The court found that if the condo unit owner is reasonably unaware of the problem that caused the toilet to leak and thus the damage to occur, they will not be held liable. The condo corporation has an obligation to maintain a certain level of insurance coverage for damage to the units and the common property, but the deductible under this coverage is often higher than the damages that occur.
For this reason, it is important that each condo unit owner has adequate insurance to protect their belongings in the event of a claim, as well as to cover any potential liability for damage to other units or common property. If you have any further questions or are interested in Residential Real Estate Insurance with Fuse, talk to one of our expert brokers today.
Fuse Insurance Ltd. Backed by policies from a selection of A-rated insurers, Fuse Insurance can provide coverage for businesses large and small from almost any industry.
For further information or to get an online quote now, click here or call us at FUSE for more details. Your insurance company will want to establish exactly what happened so that they can assess liability and settle your claim. In most cases, accidental water damage from the unit above yours is covered by your homeowners insurance on your condo and belongings. If the problem occurred because of substandard building maintenance, your insurer may assign liability to the HOA. Your best course of action is to let your insurance company handle anything beyond adjusting and settling your claim.
You rarely need to take legal action, and the process of pursuing a court case for damages can be very expensive. Your homeowners insurance covers most types of water damage.
For example, you should be covered for burst pipes, rain and ice dam leaks through the roof or flooding due to a broken appliance. Very few homeowners insurance policies cover natural flooding events.
You can purchase flood insurance for your condo through FEMA. Ask your agent about the National Flood Insurance Program and how it might suit your needs. Their policy also covers limited common elements. These are examples of common elements. Limited common elements can include unit fireplaces, windows, decks and balconies. Review the information with your agent.
He or she can work through variations in provisions relevant to your situation. This allows you to identify and fill in any gaps between HOA coverage and your homeowners policy. For example, Section 9. If a leak in the unit upstairs affects your condo, that individual is expected to cover the damages through homeowners insurance. In such cases, the HOA can be held responsible, especially if the damage resulted from negligence or shoddy maintenance.
It seems even harder when you have to address liability issues. Keep the lines of communication open between on-site management, your HOA and the neighbor upstairs.
Stay in close touch with your insurance agent too. Our teams provide everything from initial assessment to assistance with the claims process. Call us now for help with condo water damage in Chicago or the suburbs:
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