Sun Sentinel Broward Edition

Follow condo’s rules, just in case

- Email board-certified real estate lawyer Gary M. Singer at gary@garysinger­law.com

Q: After heavy rainfall, there was a leak in thewalls of our condo building that damaged our homeand several others. It seems that the leak just happened and was not any particular unit’s fault. Our homewas severely damaged. Who pays for this mess? – Jaime

A: The cause of the leak will need to be determined. If the leak was caused by an insurable event such as a fire, burst pipe or hurricane, your associatio­n will be responsibl­e for fixing the common areas up to the border of your drywall. You would be responsibl­e for everything inside your home.

Most associatio­ns have the appropriat­e insurance to cover the cost of their repairs, but this insurance will not cover your property, flooring, fixtures, appliances or basically anything inside your unit— even if youwere just an innocent bystander.

If the damage is caused by anything other than an insurable event, you will need to look to your condominiu­m documents to determine who is responsibl­e for the repairs. If the leak is determined to be your fault— either due to your or your guests’ intentiona­l acts or just your failure to properly maintain the unit— you may be held responsibl­e for the complete repair. The same applies if the damage is caused by renovation­s done inside your unit, or if the problem happened because you failed to follow your community’s rules.

The lesson here: Maintain proper insurance and follow your community’s rules and you will be covered if something unfortunat­e happens.

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