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Who is Responsible for Damage in a Condo Unit?

Condo damage can be a sticky situation. With multiple unit owners living in such close proximity, a leak in a unit overhead, for example, can quickly become serious water damage in the unit(s) down below. When something like this happens, naturally everyone is left wondering who is responsible for what when it comes to damage in a condo unit. 

What to know about damage responsibility and insurance 

The first thing to know about condo damage is that coverage and responsibility will vary depending on the location and source of the damage. Did a hurricane cause significant damage to the roof, or did a burst pipe flood your kitchen? Both scenarios will warrant a different approach. 

An important place to start in understanding who is responsible for what lies in understanding your insurance policies and coverages. 

Association insurance 

You association’s master insurance policy is expected to cover all common areas of the complex as well as the building’s exterior. The policy should also cover personal injuries that occur within a complex’s common ground, flood, and fidelity bond (for crime-related damage). 

Individual insurance 

On the other hand, individual condo insurance is there to protect you against accidents and damage that occur inside your unit and to your personal property. 

So what happens when water damage to an individual unit is caused by a burst pipe in your neighbor’s unit? In short, it really all depends. Coverage could fall under the condo association’s master insurance policy, your individual policy, or your neighbor’s individual policy. 

If you experience damage to your condo unit, the first thing you should do is try to stop or mitigate the damage to the unit. You’ll then want to notify your association and insurance company right away. Water damage in particular has a way of quickly spouting mold growth, so prompt action is imperative. 

For questions about insurance coverage, condo associations, and community law, don’t hesitate to get in touch with our experienced team at Dania S. Fernandez & Associates, P.A. Call us today at 305-254-4492.

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