My condo was damaged by a water leak from a unit above mine. What can I do...?

Question

I want to talk to someone who can provide me with legal advice. Earlier this year, my condo was damaged and made uninhabitable by a water leak that happened in a unit that is a few floors above my rental unit. It has been many months since the issue happened and my "Loss of Use" condo insurance benefit has already run out. I am now hearing from the Property management company that it may be an entire additional year before my unit can be rebuilt to become habitable.

Do I have any chance at legal action with the unit owner who caused the leak?

NOTE: I am in Massachusetts. My unit is one of several that were damaged by the water leak in the unit above mine.

Do I have any chance at legal action with the unit owner who caused the leak?

NOTE: I am in Massachusetts. My unit is one of several that were damaged by the water leak in the unit above mine.

Carlos Ptriawan · Answer

Is there an third party Engineering team from insurance company had visited the property ? What do they say ?Have you ask licensed contractor to place a bid ? If yes, what's the gap between the two quotes ?If this is going to court , the insurance company would be forced to pay you most of the times anyway.

In my case, we don't go to the court, but we settled at 90% of the value that the licensed contractor quote gives, and it's double then what's originally insurance company is giving us.Let the PA handle this job professionally, it's beyond our reach.

Colleen F. · Answer

@Jorge Borges  I would ask that they waive the condo fee.  I don't know if they can do that but it is worth asking. Have you gotten any property tax relief for the damage. Call your assessors office and see if you should be paying full taxes.   You can sue the unit owner and the condo association I think would sue them as well but was it their fault or did a common pipe break?   I can imagine if there are several units you can band together on this. You may need a lawyer. You need someone who handles civil suits. I would search people in your state who have had cases against HOAs. You might be able to search for cases online.

Russell Brazil · Answer

You file a claim with your own insurance and let the 2 different insurance companies work it out.

Jorge Borges · Answer

Thank you @Colleen F., I'll start to search for civil suit lawyers who have cases against HOAs. It is my understanding that our condo bylaws say that the association can not be sued, but I think I can go after the individual myself.

Jorge Borges · Answer

Thank you @Colleen F. and @Carlos Ptriawan. The Condo Association hired a public adjuster several months ago (over 6 months) and the public adjuster has been attempting to negotiate with the master insurance policy company. The master insurance policy company still does not want to pay for what the public adjuster thinks is needed. The Condo Association recently hired an attorney and it looks like we may be going to court in order to settle - which could take up to a year. In the meantime, I am forced to pay my Condo Association fee as well as my mortgage on the property.

My question now is who should I talk to in order to get additional legal advice on what I can do for myself since my HO6 Loss of Use coverage benefit is already completely used up. I wonder if I can sue the unit owner who caused the damage to help cover my costs of owning the property but not being able to live there or rent it out.

Colleen F. · Answer

@Jorge Borges  you filed a claim with your company and that is how you are getting loss of use coverage?   Then you go with the public adjuster.  I can't imagine if there are several units you can't band together on this.

Carlos Ptriawan · Answer

YES, contact public adjuster asap. They mentioned to me it is the most common scenario for condo owners.

Jorge Borges · Answer

@chris seveny - I am 30min north of boston.

@Russell Brazil - I have an HO6 policy which from my understanding does not cover the walls and floors of the condo. The condo unit is currently gutted - no walls, no plumbing, no electrical, no fixtures - because of mold concerns.

Chris Seveney · Answer

@Jorge Borges

Originally from Massachusetts but my attorney contacts have retired.

Which part of mass are you in ?

Jorge Borges · Answer

@Chris Seveney - Thanks for the response.(1) The master insurance policy holder for the condo association does not want to provide us (the unit owners impacted by the water damage) the amount required to repair the units therefore we likely have to take them to court which will take a long time.(2) The claim was filed against the condo association policy since several units were impacted. Is there a legal team you recommend I speak to?

My condo was damaged by a water leak from a unit above mine. What can I do...?

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