Water Damage Caused by damaged roof of the condo above me?
February 15, 2010 by
Filed under condo water damage
Hi,
I live in a condo in Houston. My condo is on the 2nd floor of a 3-floor building. As you know, Hurricane Ike swept houston area. The roof of the 3rd floor condo above me was damaged and rain poured in the 3rd floor condo, and water leak through my ceiling. I do not have personal insurance plan. I now have moved out and don’t know what I can do. Our condo HOA has a master insurance policy which should cover all exterior part of the condo. At this time, I could not locate the insurance policy. I do not know if the insurance will cover the internal part of my condo, such as the internal part of the wall and ceiling because all these damage are due to the damaged roof?. If not, should my neighbor live in the condo above me be responsible for my repair since the water came down from their condo?
I know it is a tough time for all us .I really do not know what I can do. Thanks in advance for any advice.
I like rlucas’s answer “The damage was caused by the condo association property failing.
The Master policy of the HOA should cover the cost of the repair. ”
Since it was caused by condo association property failing, I think the master policy’s libility should cover my repairment, at least of my ceiling. Does it make sense?
I do not see how your neighbor could be responsible, since (1) there was no negligence on their part, and (2) the water did not come FROM their unit; it came through their unit, but originated outside.
Do you have your own condo policy? Does the neighbor above you? Does the association have coverage?
Best thing to do is start putting in claims and talk to your neighbor.
Just for your info, nothing might be covered because you probly don’t have flood insurance. If you need help contract your Dept. of Insurance or Insurance Commissioner for your state or FEMA.
The damage was caused by the condo association property failing.
The Master policy of the HOA should cover the cost of the repair. Is should cover structure and personal property damage because it was their property that failed. You should check the policy as some policy’s will only cover structure and expect the home owner to carry a policy for property.
You really should look into getting insurance. If you have a overflowing washer or some kind of water damage or fire you want to be covered and not be sued by the person below you.
YOUR unit and YOUR property will be covered by YOUR policy.
If you really don’t have a policy, then you don’t have coverage.
The condo association policies generally only cover exterior and common areas.
Your neighbors policy is not liable-they were not negligent, they did not create the wind.
Dont worry! You can totally go after the HOA policy.
The HOA specifically states that if the damage occurrs on a common area then it covers the damage if the peril is covered. In your case, the damage to the “common area roof” is what cause the water to pour into your neighbours unit. Your neighbour is not responsible for the damage to your unit, as s/he is also a victim in this unfortunate scenario. You and your neighbour can file a claim under the HOA policy and have them cover your damage since the arising issue originally started from the common area roof.
The board should be able to give you a copy of the Master policy and the claims ph# for the insurance company. Good luck!