Need Advice: Water Leak From Upstairs Unit — Their Insurance Denied Responsibility

[Mateusz Motyka]

Hi everyone,

Looking for some guidance on a condo water-damage situation.

I’m in Illinois. The unit above me had a plumbing leak, and the water came down into my ceiling. I’ve got drywall damage and may need more of the ceiling opened for the plumber to finish repairs.

I submitted all the documents their insurance (State Farm) requested — photos, estimates, and the full HOA governing documents. After reviewing everything, they said they’re not responsible because of a waiver section in the HOA docs that shifts owner-to-owner damage to each owner’s own insurance.

The upstairs owner isn’t helping at all and keeps telling me, “Ask insurance,” and won’t talk about restoring my ceiling.

My concerns now:

1. If plumbers open more of my ceiling, I don’t want to be stuck paying for the repair.
2. My own insurance will likely cover it, but I don’t want the claim on my record if it can be avoided.
3. Since their insurance already denied it, I’m not sure what the next best step is.
4. I don’t know at what point I should involve an attorney.

What would you do in this situation?

Is it worth pushing back on the denial, letting my own insurance handle it, or talking to an attorney before anything else happens?

Thanks for any advice.

[David Spurlock]

Am I missing something, or why haven't you reached out to your insurance agent? Do you have insurance on your condo?