Frozen Pipe

My vacant condo pipe burst during recent freeze, damaging the unit downstairs. I live in another state, and have owned unit for 28 years, first incident ever. Who is liable for costs and damages?

Probably you, but check your insurance policy and documents. In fact go ahead and file a claim and let them haggle it out with the association's master insurance. I live in a townhouse community and we're responsible for everything from the drywall in. If misuse or negligence of something in your unit causes damages to an adjoining unit, you can be liable for that as well.

Every year homeowners are reminded to be mindful of their plumbing during winter (especially this one) by using programmable thermostats to keep the heat at a decent number to keep the pipes running, running a thin stream of water for really cold days and keeping the cabinets open.

If you're going to be gone for a long time, it may be better to shut the water off altogether (a plumber can help with that.)

With others, check your CC&Rs about insurance, and the section about Owners' obligations & the HOA's obligations. If like mine and many other multi-story condos I know about, IF the pipe serves only your Unit, it is your responsibility to pay for the damage to the Unit below. One hopes you have HO6 insurance that covers such problems.

With. others, check y with your agent now!

Not enough information, but it is not uncommon for owners with unoccupied condos to turn off or reduce the temperature of the heat to save money causing frozen pipes. If your unit was the only unit with a pipe freeze, that is rather compelling evidence you caused the issue.

Like it or not, and most do not, if damage to a unit(s) the proper procedure is those harmed file a claim with their insurance company. Their company will handle/pay for their repairs then they will subrogate (legally fight it out) with any other entities involved such as the association, the unit causing the damage insurance company, etc.

I know people say "well it was not me fault why should I file a claim with my insurance company"? Sorry but that is the way insurance works.

JeffT's # 5. "... Some people think that a leak from your unit means that you are liable for all damages, but that is not always the case. Your condo declaration may say that the originating owner is responsible. Kerry thinks this is common. I think it is rare."

Any personal property in a condo unit of an owner that causes damage to other units or the common area is generally the responsibility of that owner. I've invited Jeff to show me that any item that is the owner's responsibility to maintain, whether it's their water line to their fridge's ice maker or their pretty aquarium, that cause damage is the responsibilty of anyone else and/or the HOA, and he will not oblige. I can't even imagine what that verbiage would possibly say. Show me, Jeff.

What matters re: the OP is whether the pipe serve ONLY his Unit and therefore belongs to him, or if it's somehow a common area pipe. Inside/outside the walls probably do not matter.

To know exactly who is responsible, owners should read that section of their CC&Rs--usually called Maintenance Obligations or similar, and their CC&R's Article on insurance. I CAN provide citations, but they are so long. These are re extremely common and not rare.

Jeff's #3. This is not now common and is becoming rarer due to the big increase in insurance premiums these days.

If the OP does not now have HO6 insurance, he needs to get it

The law in about 20 states that I know of, says that condo associations must carry insurance on the common elements and also on all of the individual condo units. This is sometimes called all-in coverage. The benefits may include fewer lawsuits and lower overall rates for all the owners. This is from Texas condo law, for example.

"Sec. 82.111. INSURANCE....
(b) If a building contains units having horizontal boundaries described in the declaration, the insurance maintained under Subsection (a)(1), to the extent reasonably available, must include the units, but need not include improvements and betterments installed by unit owners."

Iowa does not have such a law, but I have seen the requirement in condo declarations here. I think CathyA3 has it in her condominium in Ohio.

This is common enough to warrant checking by OP and others in same situation.

Thanks for the citation, Jeff: "Sec. 82.111. INSURANCE.... (b) If a building contains units having horizontal boundaries described in the declaration, the insurance maintained under Subsection (a)(1), to the extent reasonably available, must include the units, but need not include improvements and betterments installed by unit owners."

I think, Jeff, we're taking about 2 different things. You're talking strictly about insurance. But any insurance must be understood within the context of an HOA's CC&Rs, definitions of common areas and of "improvements," and Maintenance Obligations. Before any insurance is purchased for the building, the agent examines the CC&R's maintenance obligations article. AND the general list list of common areas. Our restated CC&Rs('22) have a s wonderful maintenance table that shows WHO is obligated to maintain, repair and/or replace what--Owners or the HOA.

My own state may even require what your citation says. But it solely means that damage from a common area leak (let's say) will be repaired by the association, but only includes repairing /replacing the walls/ceiling sheetrock, any unevenness caused to the floor under the flooring surface. As the citation clearly states, there is no requirement for the Assoc. to repair/replace anything that is the separate property of the Unit owner, e.g, carpets/hard surface, paint on the sheet rock, appliances, fixtures, cabinets, i.e what are often called "improvements."

Unless the HOA was negligent, our HO6 policies, which my HOA requires in our CC&Rs will cover those losses. This HO6 also should cover any damage that my personal "Improvements" cause to other unitsl/the common area. This policy also should cover the "loss of use" of those owners who had so much damage they had to stay in hotels, eat at restaurants for a few weeks! Yes, it DOES happen.

The citation above nowhere implies that if an owner's separate interest item causes damage to other units/the common area that the HOA's insurance will cover that! In what rational world should my neighbors, via their dues, pay for insurance policies that cover damage that I cause whether through negligence or simply unawareness that my line to my ice maker is wearing thin. Or that my water lines to my washing machine or water source heat pump are wearing out. Or that fabulous protein shake mix that partially went down my kitchen drain turns into a solid lump that causes my drain to overflow and leak down to units below (real case in a unit--confirmed by plumber). No High rises near me purchase the types of insurance that would cover so much.

And the very idea that the HOA would cover damage done by some other personal item of mine, like a worn out heat gun, is simply not real. I supposed an owner can go after the heart gun manf.. But NOT the HOA.

Sorry, elle, you do not possess any right to order me or any other poster to stop posting. I'll add your latest imperious command to your habit-list of calling some posters goofy 3th-grade level names, and to presume to judge their reading comprehension ability and intelligence. You even asked one poster their high school graduation status. Gag. I don't think anyone has appointed you queen of this forum. It seems to me you've been way overstepping in your proclamations late.

I, as I'm sure many others, greatly appreciate your speed and willingness to research various sources. But, too often your exceedingly scant time as an HOA board members peers though your narrative and weakens it.