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liz_f78

Help Please! Bathroom Damaged by Upstairs Leaking

Liza Feng
2 years ago

Hi, sorry for the long post. I had a post two weeks ago regarding our bathroom been damaged by the water leak from upstairs. Very appreciated to those who have helped with my question.


Things are getting very strange now. The unit owner told me he's not responsible for the damage in our condo because there's a term in the community CC&R. I called property management/HOA, they told me this is what's in the CC&R. There's nothing they can do about it. Our insurance came out for an inspection and told me the repair estimate is lower than our deductible. We have to deal with the damage ourselves.


In the CC&R, it says "Notwithstanding any other provision in the Governing Document, each owner shall be solely responsible for causing the repair or replacement of any interior unit damage, including water damage or mold, ...., caused by whatever cause or source, including a common area cause or source. An Owner shall obtain and maintain at all times such insurance, at his or her sole expense, to protect against any Unit damage or loss of property due to whatever cause or source, and/or the cost of repair or replacement of damaged items for which such Owner is responsible. "


I am so confused. We didn't do anything wrong. How come we have to be fully responsible for this? Why does the CC&R have terms waiving liability from people even they ruined other people's home. Any recommendations what we can do at this point? This is the first time I have to deal with this situation. It's so confusing and so frustrated.


Any suggestion would be appreciated!

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