You walk into your condo to see water damage coming from your ceiling. You are facing water damage from Upstairs Neighbor.
Who is responsible?
Do I file a claim with my insurance?
Do I inform the Association?
Is your Neighbor Responsible for the Damages to Your Unit?
Short answer is more than likely NO!
If you can show there was a failure to maintain or the damage was done intentionally there would probably be very little opportunity to seek your neighbor out to ask them to pay for the damages to your unit. If you can show they left their unit for an extended period of time and forgot to turn off the water, letting it run, causing an overflow into your unit then you might have a possible case. Another scenario would be if they intentionally meant to cause damage to your unit. This is highly unlikely.
Is the Association Responsible for any of the Damages?
More than likely the Association would be responsible for ceilings, drywall, subflooring, etc…They would NOT be responsible for wallpaper on your walls, tile on the walls, any texture on the ceilings, etc..
The Florida Condominium Association Act is clear what the Association is responsible for, find a link here
NOTE: In rare situations, the bylaws of the Association may state they are not responsible for drywall, ceilings, roofs, etc…
Can you file a claim with your Insurance Company? What are they responsible for?
Here are a list of things your insurance company would be responsible to pay for (Note: This could be different based on what the bylaws state)
Anything on Walls & Ceilings
-Texture, Paint, Tile, Wallpaper, Glass, Mirrors (if attached), etc..
-Any floorings damaged whether its carpeting, porcelain, ceramic,
Any other items within the walls of your unit
Having water damage from the condo unit above you can be complex, confusing, and cause you a headache.
If you need further advice or have a question, please feel free to call Mike Keeler with The Claim Squad Public Adjusters at (754) 252-5438