Upstairs Flood

she should immediately contact the board and ask how they determined 28% of the damage was her fault. This should be done in writing, nicely, and followed up in person with phone calls, at the meetings, etc.. Also, the advice on escrow was good, and she should also contact her insurance company, and utilize their power to get resolution. make sure she gives them every phone number and name she has for the board, so they can contact them.

Lastly, she could possibly take the unit owner above her to small claims court for recovery (or sue in normal court, if the damages are too large for small claims). I would hold off on this last option until the insurance company worked it's magic on the board.

Talk with an attorney BEFORE you go the escrow route. In Ohio it is against the law to withhold money from a condo association with a claim that they did not do their duty. If she doesn't pay and they decide to foreclose she may not have a leg to stand on. As was stated previously find out first why she the victim is being charged, then determine a course of action. You could also sue the person who caused the damage to recover this 28% charge.

5311.18 (6) In any foreclosure action, it is not a defense, set off, counterclaim, or crossclaim that the unit owners association has failed to provide the unit owner with any service, goods, work, or material, or failed in any other duty.

BobH6: IF she had no insurance at the time of the plumbing incident, all the more reason why did she not go directly to those who are at fault from the unit upstairs? Has she decided to submit a claim to them now?

Condo insurance is sometimes very complicated and your friend seems to have jumped the gun. The Condo docs may determine who is responsible for what. The master policy policy for the association usually follows the docs. With Master Policies and Condos, you have the bare walls concept or single entity coverage and other forms. Some condos say that the unit owner is responsible for everything inside the unfinished drywall surface and others may use the line where the face of the stud meets the backside surface of the unfinished drywall. Then if your friend had previously spent the $150 or so for what the industry calls an ISO HO6 Condo Unit Owner Policy, then she probably wouldn't be in this bucket. This policy not only covers contents but also covers "Additions and Alterations" or "betterments"; which is basically coverage for your dwelling where the Master Policy leaves off. Usually you'd coordinate with the Insurance Claim on the Master Policy and they would tell you what they will and won't cover. Note also, sometimes if you can prove negligence, you might be able to get the upstairs neighbor to pay for the damages. In the case of my investment/rental condo, I know that the Condo docs are written so that if the water came from a pipe that ONLY services your unit, then BAM!, you're responsible for all damages (to your unit, your neighbor's unit as well as the common elements. No one has to prove negligence per se in this case. Flush valves become faulty all the time when they aren't routinely replaced, so I don't think much about filing suit against the Valve Manafacturer. Our Condo Assocications water bill was so high (No indiv unit pays for water), that they establish a policy having our building engineer fix any leaky toilets (at no charge), just for this reason. In our Condo association, no one takes care of the simple stuff inside the condo like cleaning out the AC evaporator drain and routinely replacing the toilet fill valves. Another reason to carry the HO6 Unit Owner policy besides water damage (especially if you have a renter in your condo), is Fire. We had a renter that routinely threw their clothes in the dryer and then they would just leave for work in the am. Because of all the lint buildup in the dryer vent, the condo caught fire and it displaced 4 families. If any of you all have investment properties out there with renters, make sure that you get a copy of their insurance policy every year so that there at least some liability coverage so that both you and the COA are somewhat protected.

As far as your friend is concerned, IMHO, I think that put the cart in front of the horse when she did all this work without authorization or without conferring with other concerned parties. I'm not a professional, but I recommend that your friend consult with an Insurance professional at this time. Start with her own personal lines insurance agent and get on board with the unit owner's policy.

It does sound crazy that they are sending her a bill for 28% of the deductible but this is something that she needs to work out (in writing) with the COA. They need to detail the reason, citing the COA rules that might apply in this case.