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Only if the owner above was negligent somehow. A pipe simply bursting suddenly and without warning would not trigger any liability of the unitowner.

However, if the unitowner above was filling his bathtub, and decided to go out for dinner and the tub overflowed....there might be some negligence on his behalf and possible liability on the unitowner. It all depends on exactly what caused the water damage.

Another Answer

There are separate responsibilities here, first, to clean up the water damage and second, to pay for the clean-up and repair.

Clearly, water has flowed through common areas -- the walls/ floors/ ceilings, which are owned by the association. As well, two separate units -- at least -- are involved.

When water is evident in places where it shouldn't be, the first call is to the association's manager -- on an emergency basis -- to learn how to 'turn off' the water source. (A unit owner may know this already.) NB: It may be a leaky roof or window, or a mystery source.

The association manager can then contact the appropriate clean-up team, and contact the master insurance policy carrier to alert the company of a pending claim.

A unit owner is best advised to carry an HO-6 condominium owners policy, which may cover the expense of such an incident, including damage to other units. Lacking such coverage, an owner may be required to pay for damages.

Best practices dictate that a unit owner not tackle this issue alone: involve the association manager and/or board, so that the appropriate response takes place and payments are made according to the insured status of all involved.

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11y ago
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13y ago

Whomever is responsible for the damage must be identified, but that's not the priority action in this case.

Note that the responsibility to repair and the responsibility to pay for the repair may be separate responsibilities.

Your first action will be to call in for repairs. Water damage, left un-repaired, will lead to mold, which is dangerous, damaging and probably isn't covered by your insurance. Start with your property manager: at least the managing agent will point you in the right direction if they cannot or do not manage the repair.

Next, contact your insurance broker who wrote your HO-6 unit owner's policy. Be prepared with details from your board or property manager as to who carries the master insurance policy for the association.

Depending on the source of the leak, the proper insurance will be billed.

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Q: Is the owner of a condo unit responsible for water damages from a leak in his unit to a unit below?
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