Question:
A 2-story building with 1 unit on top of the other. Our declaration states the upper unit is responsible for any damage caused to the lower unit by issues in the upper unit, (for example, faulty plumbing).
Some units have “limited common elements” such as a deck, screen porch, patio or other spaces attached to their units. These “limited common elements” are shown in the plat as being part of the unit and can only be used by the resident(s) of that unit.
The waterproofing membrane of an upper deck has failed causing serious water damage to the porch underneath. The insurers of both units have denied claims, saying that the HOA is responsible.
Can you please advise what is the legal status in this case.
– Patsy
Answer:
Hi Patsy,
Based on your description, it seems that the owner of the upper unit should be responsible for the damage caused to the porch of the lower unit. However, there may be other variables at play. It is important to consult your HOA as well as an attorney for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
