Water Damage Caused By Condo Neighbor

Added January 23, 2004 by Ilyce R. Glink and Samuel J. Tamkin

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Summary: A new neighbor above these condominium owners is causing water damage to the unit below them and refuses to file and insurance claim. The only solution may be to sue the neighbor for expenses reimbursed. Generally, the responsibility for repairs caused by a neighbor to another unit should be borne by the neighbor.

Q: For the past 30 years, my aunt and uncle has lived in a second floor condominium in an old 4-story building. About 3 years ago, a new owner moved into the unit above them. For the eighth time, the neighbor above them has caused water damage in their unit. The neighbor has always refused to make an insurance claim and has refused to pay for the damage.

The most recent damage was caused by an unlicensed contractor doing plumbing and other work without a permit. The neighbor first said she would pay for the damage but has since refused.

What recourse does my uncle have?

A: Your uncle will probably have to sue the neighbor to have his expenses reimbursed. Of greatest concern these days are repeated claims with an insurance company. If your uncle makes repeated claims for water damage to his insurance company, the company will likely drop him. Once dropped, other insurance companies will be unlikely to insure your uncle.

Generally, the responsibility for repairs caused by a neighbor to another unit should be borne by the neighbor. If the neighbor refuses, your uncle will have to sue the neighbor either in small claim's court or with the assistance of an attorney.

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