Water leak from pipe bursting. Who's liable?

Homeowner in top unit didn't turn on heat causing pipes to burst and water damage to lower units and storage facility. Top owner doesn't have insurance. Storage facility ceiling is collapsing over one storage unit. Management company said that they will send someone out to fix just the ceiling that is falling down and bill the homeowner. The entire ceiling needs to be replaced along with some sheet rock and insulation. I'm on the Board and trying to go through the HOA insurance, but management thinks it's ok to only fix the ceiling that is falling down. What about mold problems? I'm reading several online articles that are stating that mold problems are very serious. Management company is not giving me any information about what is being fixed. I don't even know if the leak has been found. I've contacted my insurance company about covering my ceiling above my storage unit. Shouldn't the HOA insurance fix the common area (ceiling lights are shorted out) and hold the top unit owner responsible? Management doesn't want to use HOA insurance and make a claim or our rates will increase. It seems that the management company is trying to hide information so the problem can be cosmetically fixed cheaply and not involve any of the insurance companies. Shouldn't the HOA insurance company have come out to assess the damage? The management company didn't even come to the property to assess damage. What should I do? The other Board members don't care since it is not their building. I can't even get something done being a Board member! Help!

Is there a requirement in the documents that each owner heat his dwelling?
Is this new construction?
How long was the heat off? Are you sure the HVAC unit did not malfunction?
Were the pipes (plumbing and/or hydronic) insulated properly?
Is an individual HO reponsible for faulty construction inside the walls of the purchased unit?
Ohhhhh the joys of HOA life.
You need an attorney NOW !

ps. the management co. works for the board, not vice versa

I agree with Dana.

This BS from the PM about premiums going up is just that, plus, I'll guess, a dereliction of duty. MIGHT the premium go up? Sure. But maybe not, or if so, doubtfully substantially. InsCos typically look for "fault" claims to raise premiums. This doesn't appear to be one, in the sense the HO here probably has a legit excuse (or could manufacture one), and certainly (probably) wouldn't have intended to cause this damage - damage which sounds like will cost a bunch to have it fixed properly.

Accidents happen. That's why we mostly all have insurance. And even if PM wants to have a quicky performed, what's that gonna cost and where is that money going to come from?

Donna,

Have to disagree. Contact InsCo now, and let them figure it out. That's the process, that's InsCo's job. Failure to do so, as in getting a fix then asking for coverage, could void or reduce the eventual coverage.

The usual caveats apply; we're only hearing one side, we don't know the extent of the damage or the insurance coverage. But if I had to guess, I would say the main reason they don't want to involve the insurance company is because the estimated damage falls below the deductible and it is cheaper to fix it.

In most cases & documents the H/O that caused the damage is responsible for the cost of the repairs. Angela if the BOD fails to fix it to your satisfaction you can always as a H/O take the person you deem responsible to small claims court, this does not mean that you will win or that they will pay up but it is an available option to you.

To OP,
It appears you are a condo, is this right?
If so the possibility of common areas being involved are likely. That determination should be done by the PM and they should render a written report to all parties. If your covenants do not assign responsibility when neglect is evident, they should. Glen is probably tight about the deductable and he is talking about the common area insured by the BOD, I suspect. I have been through this a few times and there doesn't seem to be any way to pronounce who is at fault and to what degree. It seems to be, who you talk to in management. In this case, if neglect is evident, and if insurance is required for contents inside paid by the individual owners, and this top floor owner don't have insurance, and the Board does not step in and make a decision or the decision is not to your liking, you may talk with your insurance company and see if they can help. If they can't, get a lawyer and sue the BOD/MC and the upstairs neighbor. I doubt you will have trouble finding a lawyer. But not before you get all this stuff in writing or have notified all parties and requested written replies. By the by, I have seen results of this kind of event go over 20K easy to correct.