A water line in my unit suddenly burst while I was out of town. Fire department had to break in to shut off the water supply. I had pictures taken by the Fire Department and the contractor who worked to restore my unit as proof that there was no visible wear and tear of the pipe. It was an o-ring inside the pipe cracked. Hence I believe there was no negligence on my part. Only one unit directly below mine suffered damage. My own unit suffered less damage than the other unit.
I just found out that I had no additional liability insurance, beside the mater HOA. The other unit has their insurance and HOA working together to restore their unit. It has been a week, but neither HOA nor their insurance contact me yet. Under Ohio law, could they go after me to seek for reimbursement?Under my HOA Declaration, there are a few clauses that I would like add: 12.A(iv) Without limiting the foregoing, a Unit Owner or Occupant may obtain insurance against liability for event occurring within a Unit, losses with respect to personal property and furnishings, and losses to improvements within a Unit owned by the Unit Owner or Occupant provided the latter is limited to the type and nature of coverage commonly referred to as "tenants' improvements and betterments". All such insurance separately carried shall contain a waiver of subrogation by the carrier as to Grantor, the Association, its Board and Officers and all other Unit Owners and Occupants. 12.B(ii) Each Unit Owner shall be responsible for construction and repair of his Unit after casualty.
You may have exposure in this case. You should not delay in consulting with a Real Estate attorney in your location. The type ave damage you described can easily run $10,000.00. Before you talk to the HOA or the other unit owner you need toy speak with an attorney.
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