Water leak to unit below mine! Help! (lease, HOA)

[stacerz02]

The unit below mine has water damage from what we believe was the leaking washer. I have had the washer pump replaced and this has stopped the supposed leaking. I am the homeowner and was out of town when the unit below mine informed my roommmate (renter) of the leak. He was using the washer as the time and after the unit below notified him he saw the water by the washer, mopped it up and stopped using the washer. I do not have individual homeowners insurance because when I signed the loan they told me I didn't need it because I was covered under the complex HO6 Walls in insurance. The insurance agent came out yesterday and as the damage was believed to be under the $5K deductible, she quickly left stating insurance co didn't have an obligation to repair. Who is responsible for this damage? Also, how can I prove than the water from my washer is indeed related to the water marks on this woman's ceiling and the chipping of her wall and door paint? As I wasn't home, I was not negligent. As soon as my roommate emailed me (I was overseas), I instructed him to stop using the washer and clean up any water near the washer. My lease with him is month to month and we have an oral agreement vs. a hard copy lease. Thank you for your help. I really don't have $5K to pay for these damages.

[Bulldogdad]

Don't worry it will work itself out, eventually you'll get served.

[oddstray]

Whether you were home or not, your washer was not in good condition. That makes you responsible. Your lease arrangement with your roommate has nothing to do with it - you, as the unit owner, have the responsibility.

Whoever told you, when you signed the loan, that you didn't need homeowners/condo-owners insurance should be fired. That is simply not true. Even if your HOA has insurance, it only covers their part of the structure - not your part, and certainly not your belongings.

BUT ... homeowners/condo-owners insurance has stopped covering for water damage because so many people were not keeping their appliances in good repair. So for this incident, it doesn't matter. But for other things that may come up in the future, you may want to reconsider and get yourself some insurance.

[brienzi]

Agree with oddstray that whoever told you that about the insurance coverage is an idiot. It appears your washer caused the
damage, and i wouldn't wait to get a contractor out to unit below you and get a quote on the repair. It sounds minor..some
sheeetrock and drywall/plaster and paint.
This however could turn into a much larger problem if u wait to take action and mold begins to form in the persons ceiling..
Then your screwed!
Take action and get it fixed, and get 3 bids..

[cully]

Seems like you'll eventually have to pay. You can sue in small claims court the person/entity that told you you didn't need insurance. Do you have that in writing from them....or stated, however mistakenly, in any condo documents from them...sale listing/purchase agreement, anywhere.

[oddstray]

Originally Posted by cully

Seems like you'll eventually have to pay. You can sue in small claims court the person/entity that told you you didn't need insurance. Do you have that in writing from them....or stated, however mistakenly, in any condo documents from them...sale listing/purchase agreement, anywhere.

No, that bad advice is still bad, but is irrelevant to the water-leak incident since homeowners/condo-owners insurance generally no longer covers water leaks.

[cully]

Originally Posted by oddstray

No, that bad advice is still bad, but is irrelevant to the water-leak incident since homeowners/condo-owners insurance generally no longer covers water leaks.

However, they were told it did. Perhaps if there person were someone in a position of authority, of supposed knowledge, there could be at least some recourse. Word needs to get out that this terrible information is being spread.

I have to say it's not unusual. I know a complex that went through this exact thing. Lots of lawsuits because the people were promised everything would be covered. You can sue for anything...and win at least something. In this case the community didn't have enough reserves for the legal fees and are collecting via a special assessment. PLUS they asked the master association to help them with their fees as well. Don't know why, but the master assoc did.