If the downstairs roof of a condo has water damage from a pipe is the upstairs tenant responsible? if the downstairs tenant does not notify the upstairs tenant until a month after water damage occurs, does that change liability status? If the homeowners insurance lapsed after the initial damage happened can a claim still be filed due to the fact that the policy was in force at the time of the incident.
Thank you for your time.
In general, the responsibilities of the condo association are spelled out in the bylaws. However, typically speaking the condo association is responsible for all of the hype's behind the drywall and above ceilings. The unit owner is responsible for all of the pipes from the drywall in to the unit. If the pipe that burst is the responsibility of the condo association then you need to make sure that you file a claim both with your insurance company and with the condo association. If the pipe is the result of the negligence of the unit owner above then you need to contact your insurance company and write the upstairs unit owner. You really need to move quickly in order to preserve your rights. I strongly suggest that you speak with an attorney who can help you prepare and submit your claims to the proper parties. We have seen a high volume of cases involving your exact scenario. When the unit owner who is damaged does not take the proper steps he or she often suffers.
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