Under BC law, strata corporations are responsible for maintaining and repairing common property. This includes pipes that are in walls, ceilings and floors between two lots of strata, or between a lot of strata and another common property. On the other hand, water damage to individual units is usually the homeowner's responsibility. Whether or not you are covered by your personal condo insurance depends on the source of the water damage and covers the contents of the unit, any additional improvements made (such as custom floors), and liability for accidental damage to neighboring units.
For example, Section 9.1 (a) describes the homeowner's liability for water damage to another condominium or common area when the water source originates within the unit. If a leak in the unit above affects your condo, that person is expected to cover the damage through homeowners insurance. According to Lisa, “While the Strata Property Act opens the door for strata corporations to sue a homeowner for the deductible portion of an insurance claim, if the homeowner is liable for the loss or damage that led to the claim, there is no automatic window of opportunity to recover increased premiums. or damage resulting from compromised insurance coverage.” There are a few things about water damage in condominiums that can muddy the waters, and there are some basics you should know.
If the water damage actually originates from the owner's unit of another condo, resolving the claim isn't always easy. Your HOA has its own insurance that covers water damage that originates from common building elements. The condo corporation is required to maintain a certain level of insurance coverage for damage to units and common property, but the deductible under this coverage is usually higher than the damage that occurs. As the founder of ServiceMaster by Zaba in Chicago, Illinois, Diana is IICRC certified in fire and water damage restoration.
Unless the owner of the unit is proven to be negligent for water damage, they will then be responsible for going through their own insurance to cover the cost of the damage caused. In general, if water damage does not originate within a unit, it is likely due to a problem that needs to be addressed by the HOA. It is important to explain the extent of water damage to your condo and why it needs to be repaired as soon as possible. Residential water damage caused by a unit above may be accidental or may be due to negligence.
Your crews must address water damage affecting materials considered the responsibility of the HOA. This means that if water damages things like lobbies, parking lots, elevators, or other shared spaces, it's often something you won't need to worry about.
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