Q: I had a flood at my condominium, but I can’t tell if it came from the unit above me or from the plumbing in the wall. What rights do I have? What can I do?

A: Where the water is coming from, will determine who is responsible for your damages. For example, if the condo owner upstairs let their water overflow from their tub, they would be liable to you under a negligence theory. They allowed your property to be damaged because of the failure to act reasonably regarding the water. On the other hand, if there was a problem with a pipe between the units, then it is likely a homeowner’s association (“HOA”) issue. Most condominium HOA CC&R’s provide that the HOA is responsible for common area issues, including the roof and space between the units. A homeowner is responsible for things inside the drywall of a unit, and outside of that, it’s an HOA matter. You would be wise to determine where the leak came from (hire an expert if necessary) and then make demands upon the appropriate party.

Mark B. Zinman, Attorney, Zona Law Group

Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.