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SeaB (Florida)
Posts: 6
Posted:
I have a call into my attorney, but while I'm waiting for his advice I decided to post here for your expert advice.

I have a first-floor vacant condo rental in Florida that was severely flooded yesterday by a hot water heater failure in the unit above mine. The upstairs tenant was at work and her unit flooded for hours before it was discovered. In the meantime, most of my ceilings are down, my cabinets are falling off the walls, and most drywall is drenched. Ironically, the flood was discovered by my A/C mechanics that were scheduled to do some routine maintenance in my unit. They have reported that water was pouring through both my electrical breaker panel and my inside A/C unit. Wisely, they immediately flipped the master breaker off and also disconnected the A/C unit.

Ironically, both units are managed by the same Property Management company. The Property Manager called last night to report that they were extracting the water from my home but that was the end of their responsibility. They also told me that the owner of the upper unit had "very good insurance".

I, on the other hand, (stupidly) did not renew my interior condo insurance last October because I've been doing major renovations inside and did not plan to rent the unit out until later this year.

For mold prevention, I know that I must immediately begin repairs, starting with getting the electric back on, but would like your advice on recourse. Should the owner's insurance company pay for any of my damages? If so, does the Property Management company or owner have the obligation to provide that name and contact number? If not, should I just proceed with the repairs and try to recover the expense directly from the owner? There was no damage to the exterior of the building so I see no responsibility from the Condo Association.

Thanks
RobertR1 (South Carolina)
Posts: 5,164
Posted:
SeaB,
You may think the association doesn't have any dog in the fight. Considering the damage done they probably do and I would contact a Board Member or your Condo Insurance committee and ask for guidence.

This lack of insurance on your part is probably going to result in you retaining an attorney. Your Management Co. for the condo should also be involved. I would suggest you notify everyone that is remotely concerned and keep records of who you reported this to. Your umbrella insurance for the condo may be of some help, But basicly this is going to require several different folks working together. It will probably turn into a finger pointing match up.

Get a good lawyer if your damages are extensive and it sounds like they are. Your condo doc should provide some help in how to take care of this step by step.

Start now, keep records...........good ones.
SusanW1 (Michigan)
Posts: 5,202
Posted:
If your association requires interior owner insurance on each unit, you may be SOL for at least some of the costs.
JonD1
Posts: 2,350
Posted:
Since you already have a call into your attorney I would suggest it is not necessary for you to retain another. Seems unnecessary to me. Or perhaps people didn't read your OP.

My first step would be to contact the owner of the unit above you to get the information for their insurance carrier (If they in fact carry insurance).

You could get this information from the property manager you both use or the condominium Board. As you noted this must be addressed ASAP.

As the source of the leak was related to a plumbing failure in the upper unit I would guess they would be responsible for the costs for repairs.

Once you contact the unit owner and their carrier you will find out quickly whether they plan to live up to their responsibilities.

If not THEN ask your attorney to step in.

I would also make the condo Board aware of the situation as they might help assit in getting repairs done and to record the details and damage to your ujit and the building. Perhaps there is additional damage you are not aware of at this time.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JonD,
There are two kinds of lawyers. The kind you have and the kind you need. Once you decide what circumstances dictate, then try to determine the kind you need. That could turn out to be what you have, but this issue doesn't seem to be far enough along yet, to discount thinking of hiring the one you need.
JonD1
Posts: 2,350
Posted:
Robert:

Somethings can be handled without lawyers being involved. If you are lucky enough to be dealing with decent people.

You can bet your bottom dollar in the event you were to involve an attorney the time frame which these repairs are completed would be increased greatly. And I would guess your cost would also go up.

I don't think putting in an insurance claim requires an attorney whatever "kind" you might have.

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