Drain backs up and floods unit

Hi I'm a home owner but wanted to see what other boards thought about this incident. so what happened is that a roof drain ended up being crushed and flooded my unit. The drain comes down from the roof and goes into the ground and then underground down the hill from my unit. The original incident happened about 3 years ago at that time all they did was cap of the drain and rerouted the drain out into a greenery area behind my unit. Last December the drain ended up gushing out water. my unit ended up flooding again. The first time it happened the HOA covered all the damage this time they refused to cover the damage saying that the damage was to the inside of my unit and said my unit there for my problem. Normally I would agree but since this is the same drain that flooded 3 years ago and now flooded again and since they covered it last time I thought they would cover it again. the drain itself was never cleaned out since it has been constructed and no work has been done to it since it flooded 3 years ago. my question to you all is would your homeowners association cover the damage since it is the associations duty to maintain that drain and to repair it when it flooded 3 years ago?

IF the association took responsibility for this same sort of damage 3 years ago seems to me they set a precedent for future water damage caused by the same drainage issue.

To my knowledge, or should I say here in NY, the homeowners insurance would NOT cover such damage. We had a similar issue. So that leaves the association or YOU.

IN our case the association did cover the repair costs. We also then upgraded the drainage behind this unit and since then no problems.

Sounds like a condo. Seems they incorrectly fixed the inside of your unit. Typically, the condo is responsible for the building, and insures it. The unit owner is responsible for the inside of the unit, and insures it. So, typically the condo must fix the drain issue, but any issues relating to the damage done inside your unit is your problem and you should contact your insurance company.

PS. I recommend you get flood insurance. Typically its very cheap for condos, $175 per year.

Our HOA's insurance covers damage inside of our high rise condo units that's caused by drains, etc., that are part of of our common area. I think HungN, you might read your HOA's insurance policy. Also read your CC&Rs to see what items are the Owner's responsibility & what ones are the HOA's responsibility.

An example of the unit owner's responsibility is that Just yesterday, a 5th story unit's dishwasher overflowed causing damage to two units below and to our common area fitness center.. This damage all is the responsibility of the Owner of the 5th story unit.