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Old 06-30-2015, 05:18 PM
 
12,973 posts, read 15,731,308 times
Reputation: 5478

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Quote:
Originally Posted by BBMW View Post
Either it's your liability or not. Whether or not he has insurance is not relevant to that. If the leak was caused by a pipe that burst inside the walls, likely this is the responsibility of the HOA/condo corporation.
it is not that simple.
Often pipes in the common area are the responsibility of the units they service even though they are owned by the Association. And the only one authorized to fix them is the Assoc.
The only issue here is whether the effected unit is responsible to find the leak in a reasonable time frame. I suspect so but above my grade level.
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Old 06-30-2015, 05:21 PM
 
15,759 posts, read 14,366,453 times
Reputation: 11814
He's going to have to read through the condos governing documents (I don't know what they call them out there.)
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Old 06-30-2015, 05:31 PM
 
2,928 posts, read 3,530,490 times
Reputation: 1882
His house would've flooded whether or not your garbage disposal was leaking or not as his water heater was the main culprit, correct? How much is he demanding from you anyways?
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Old 06-30-2015, 05:45 PM
 
44 posts, read 52,242 times
Reputation: 18
The HOA says I can open a claim but I would have to put down a ridiculous $5000 deductible which is out of the question. His house flooded from the water heater since he did not shut off his main water valve before leaving his house for a few months. He called a water damage company to fix that which he had to pay out of pocket for; I heard around 10 or 15k. Then the water company spotted that hole in the kitchen ceiling where they stated it was probably a leak from my condo. They contacted me and I had the piped fixed right away but that meant they had to open up the walls in the kitchen where then they also found black mold. I also paid for them to remove the mold. There is damage to the kitchen walls now since it is open and he wants me to pay for that. We do not have an estimate for the damages surrounding the leaky pipe but my guess would be around $1500 to $3000.

Right now I am waiting for the HOA to see if they have any documents regarding who would be responsible for this mess. If they can't give me an answer, then I'm pretty sure I don't owe anything as my insurance says they will defend me and under the negligence law, I would only be responsible for surrounding damage to another property if I didn't fix the pipe right away.

IF he had insurance, they may not even pay for the damages unless he had mold insurance. From what I have read, and what my insurance states, if the pipe had burst they would cover since it would be a sudden disaster. A slow leak with mold, they won't. And especially because there was a hole in the ceiling, that proves it was a slow leak and he didn't do anything about it.
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Old 06-30-2015, 06:03 PM
 
2,928 posts, read 3,530,490 times
Reputation: 1882
Kitchen walls are damaged? That shouldn't cost much. It's replacing drywall and repainting it. Shouldn't be more than $1,000 from what you are describing.

I wouldn't offer that much as he is actually responsible as he is not minimizing his damages. A responsible person would have a friend or a realtor checking the house from time to time as that is his vacation home.

I would ask him to get a few contractors to give estimates on the damage that is directly related from the water loss caused by your garbage disposal.

Give him your insurance adjusters contact info and let him try to get them to pay. If they don't pay he can sue you and they should actually cover you if he is granted a judgement but you should ask them if it gets that far into it.

If I wanted to be a good neighbor and the damage was less than $500, I might consider paying him though, guy is already having a rough time from the sounds of it.
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Old 06-30-2015, 06:49 PM
 
44 posts, read 52,242 times
Reputation: 18
Yes the drywall is all torn out. They had to rip open almost the whole wall because of the mold. He has talked with my adjuster already and unfortunately yelled at him because they said they wouldn't pay. Yes he is having a rough time and I would consider helping him out a bit, but then again it was his choice not to buy home insurance, and I already paid about $600 for the pipe repair and to get rid of the mold.
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Old 06-30-2015, 09:01 PM
 
6,360 posts, read 11,811,315 times
Reputation: 6795
Doesnt matter if the HOA or homeowner is responsible for the pipe, those in units outside the one where it happened have to be covered by their own policy unless there is negligence or intent. People can say it's unfair all they want, that is basic insurance law.
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Old 06-30-2015, 09:32 PM
 
2,928 posts, read 3,530,490 times
Reputation: 1882
Drywall is an easy fix. The material cost is negligible, it's mostly all labor. Like I said, ask him to get estimates and if the cost is not ridiculous, then maybe help him out since you seem to want to be nice.
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Old 06-30-2015, 09:46 PM
 
Location: Sunrise
10,865 posts, read 16,933,312 times
Reputation: 9084
Quote:
Originally Posted by ddrhazy View Post
Drywall is an easy fix. The material cost is negligible, it's mostly all labor. Like I said, ask him to get estimates and if the cost is not ridiculous, then maybe help him out since you seem to want to be nice.
Oh, no.

Not just no but HELL NO.

"Let me help you out with that" is basically an admission of negligence and liability. This is where I would be on the phone with the writer of my umbrella policy and asking for them to send in the cavalry. No freakin' way I'm dealing with something like this without good legal counsel.

Drywall is cheap. Mold mitigation can be very, very expensive. Especially for the litigious members of our society.

"You owe me materials, labor, loss of enjoyment, pain and suffering, medical bills, physical therapy, and punitive damages...."


This is one of those situations where "nice guys finish last" applies.
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Old 06-30-2015, 10:01 PM
 
2,928 posts, read 3,530,490 times
Reputation: 1882
Remediation can be expensive, that's true.
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