Condo damage liability question

[qq605]

Hello,

I've got a question,

I just purchased a condo unit and yesterday my unit got flooded by the unit above, I was told there's an issue with the washing machine hose and somehow it leaked from the unit above and flooded my whole floor. I'm not sure whether the liability is at the building or the unit owner above us, because the constructors at site told me it's the 3rd time within 2 weeks that there's been a flood. They're saying it's probably something with the washing machine hose and the management office is looking to replacei it. I dont have any furniture in yet but the carpet is totally wet. I was told it will be steam cleaned and taken care of, but the underpad is damaged and needs to be replaced, and I am responsible for the cost.

My question is, it seems like either the condo or the unit owner is responsible for this incident, then shouldn't they be paying for replacing the underpad?

 

[interested]

I am quite sure what you were told is not right.
I believe the condo unit above you insurance will cover damage that you had.
I would call your insurer, ask tehm and they will clarify it for you.

I don't believe it will be the condo corporation unless there was an issue with the pipes within the common elements and then it would be the condo corporation

Either way, you should not be having to pay I would believe.

Note I am not an insurer nor a lawyer, just someone expressing an opinion and you need to get further advise.

 

[DSC]

Our condo explains this, or a similar situation, as follows but I suppose your building may be different and I certainly think you need to talk to YOUR insurance company.

The individual owner is partially covered by the Corporation's Master Policy. If there is a fire, the Master Policy will cover repairs and replacements to restore the common elements and damaged Unit(s) to a 'Standard Unit'. The ‘Standard Unit’ is described in our by-laws. For example, if a fire breaks out in one Unit and adjacent Units are damaged, the Master Policy will restore all affected Units to the Standard Unit condition as described in the By-law, this means that the Unit will be restored to the same condition as when it was built. This will not include any floor coverings or upgrades from the builder or a subsequent owner; all such upgrades as well as damaged furniture and other contents should be covered by the Unit owners' own insurance.

If there is a negligent owner they will have to reimburse the Corporation's deductible on the Master Policy, which is currently $1,000 to $100,000, depending on the type of claim.

 

[interested]

DSC, extending the logic of this policy,
in the case of qq605: I would assume the builder provided some floor coverings. If the corporation master policy does not cover, then surely a normal occupant's policy would cover from beyond the Master Policy.
Perhaps there are some insurance agents on the forum who could spread some light.
I still think the unit owner above will be responsible, whether or not he/she has insurance since if it can be shown that the water leaked from his washing machine (not due to a common element failure) qq605 should be entitled to collect.
It is possible that there is something in his policy (if he has insurance) that covers him for someone else causing him damage but the amount may be below the deductible or as often with small claims it is not worthwhile to make a claim since the subsequent increase in premiums more than offsets it.
Finally, beware qq because I have been told (don't know if it is true) that sometimes just asking the question, the agent fills out a report and even if you don't make a claim, the insurer increases your rates. I do not know again if this is true but you may be able to ask your agent "an off the record question" to get some guidance.
Hope this helps.

 

[qq605]

Thanks for the help guys!

I dont know what /how it leaked..but apparently it leaked me and 10 floors below me! When I was there yesterday there were contractors working on the problem already and they were contracted by the management office, so I thought the liability is on the building..now i need to go to management office and find out what the deal is...how convenientlly the 'manange' is never in...

I understand that my insurance will cover the contents if I have any damaged, I'm just curious though, in such cases, would I need to use my insurance or whoever responsible should be paying for it?

 

[cdr108]

check the hoses for the Washing machines ... if it's happening so often (any other units having similar issues)

there was an newspaper article about developers using substandard hoses that broke, etc b/c they weren't CSA certified and could not withstand the water pressures.

i believe there is a pending legal suit

 

[qq605]

Thanks for the reply!

Just got back from management office, so it is the hose fro the developer and apparently it had happened before , The management office blame the builder and said they're replacing all the hose right now..so it's not the other unit owner's fault, and the builder's insurance only covers whats a 'standard unit' like what DSC is saying..so floor is not covered.

 

[simuls]

Has this condo not closed yet? Do you not fully own it?