Water Damage in Condos: A Full Guide

From unfixed plumbing issues on a floor above you to an often unattended unit beside you, various situations could lead to significant water damage in your condominium in Massachusetts. If you’ve recently suffered water-related damages in your condo, you may wonder whether you will need to pay for repair expenses or other associated fees.

Massachusetts law provides guidance when determining responsibility for condominium repair expenses in the state. To begin, you must identify the location of the pipe burst. Second, you must ascertain the cause of the damage. Third, you must examine the responsibility of each party.

Who Is Responsible for Repairing Water Pipes in a Condo?

The person responsible for repairing condo water damage depends on many factors, including its cause and location. For example, if a person, whether a resident or a third party, negligently breaks a pipe, that person may be held responsible for the damage. The condo association will most likely repair damages in common areas, and damages that occur in individual condo units may be the owner’s responsibility.

In most cases, the lease agreement or condo rules state each party’s responsibilities, which is effective for resolving disputes. However, condo plumbing systems are generally more complex than those in detached homes. The pipes run from one condo unit to another, sometimes passing through shared spaces. This can create confusion about the exact cause of damage or whether the location is part of the individual condo unit.

For example, who is responsible if a water pipe bursts inside a condo wall? Is that space a common area? If not, which of the unit owners is responsible when it breaks? Do crawlspace and attics count as private space? What about pipe bursts and water leakages below the condo?

For a better understanding, let’s break this down further:

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1. The Condo Association’s Responsibility

Each condo community has its own condo association, a legal body of homeowners responsible for maintaining the community’s property, market value, and overall neighborhood quality. To achieve these, condo associations are required to make some repairs, including those related to water damage.

As a general rule, condo associations are responsible for repairing and maintaining the common areas of the condo property, which are usually those areas outside the condo unit interior space, such as shared laundry rooms, swimming pools, and hallways. When a pipe breaks in any of these areas, it’s likely the condo association will take responsibility. Condo associations may also be responsible for leakages in roofs and walls shared between two apartments, primarily when the condo rules provide clear guidelines.

Although the condo association is generally responsible for the common areas and shared elements, if a person negligently damages or breaks one of those lines, they may be liable for the cost of repairs.

2. The Owner’s Responsibility

You may be responsible for repairs related to water damage if you own or have title to the systems that caused the damage. For example, was it your washing machine that leaked and caused rots within the walls? You must consider the source of the water damage and evaluate systems in your unit to determine if your situation falls under these criteria.

Condo unit owners in Boston, Burlington, and all over Massachusetts are usually responsible for maintaining the interior of the condo units and systems that exclusively service them, such as water pipes to the sinks and plumbing drains in their units. Water damage caused by limited common areas is usually the responsibility of the condo unit owner to fix.

However, if the condo association negligently causes the private condo unit to leak, they may be liable for their actions. An example is condo associations failing to maintain the main pipes, resulting in clogs and leakages in individual condo units. If the condo owner has a valid claim, they may sue to recover damages if the condo association fails to remedy the defect.

3. The Neighbor’s Responsibility

If you’ve experienced water damage in your condo, you may consider whether your neighbor could be legally responsible. For example, if an upstairs neighbor has not maintained their plumbing drains and subsequent damage occurs in your unit, you might wonder if you can sue or otherwise collect from that neighbor to cover the cost of the damage. Understanding the considerations and constraints of responding to condo neighbor water damage is important before filing a complaint against your neighbor.

As explained, when the leakage occurs due to a source in a common area, the condo association may be responsible for repairs. If multiple units experience water damage from a common area, and the condo association concedes fault, the condo association should address the issue. Yet, some situations may be so complex that it would be best to consult an attorney to assess your claim.

How Do You Prove Negligence in a Condo Water Damage Claim?

If a party’s negligence results in water damage, that party could be on the line for the cost of repairing the damage. Negligence is a failure to exert the proper and/or ethical ruled care that’s expected to be exercised in defined cases.

You must establish four elements to prove negligence in a condo water damage claim. These are:

• Duty of care: The plaintiff must establish that the defendant owes a legal duty of care. For example, they must demonstrate that the condo association or owner is legally obligated to regularly maintain the pipes within their care. The duty may arise by a statute, contract, or case law.
• Breach of duty: The plaintiff must establish that the defendant breached the duty which they owed. The breach may result from an act or omission and must be something a reasonable person will do or refrain from doing. If, for example, the lease agreement states that the condo association is responsible for maintaining all pipes in the building, and it fails to do so, the condo association likely breached its duty of care.
• Causation: The plaintiff must demonstrate that the defendant’s breach of duty caused the damage. An example is when failure to maintain pipes causes them to rust and leak. If someone or something else is attributable to the damage, the defendant may not be held liable.
• Damages: The plaintiff must demonstrate that the defendant’s breach of duty resulted in damage or loss. For example, the plaintiff may show that the leak flooded their condo unit and destroyed valuables. Proving this element is essential because it significantly impacts how much compensation you recover.

Can an Insurer Be Responsible for Water Damage in a Condo?

An insurance company can be responsible for condo water damage if the property is insured against that peril. Having property insurance on your condo unit in Boston, Burlington, and throughout Massachusetts is vital because a condo association’s master policy may not cover damages occurring inside a condo unit. Property insurance for condominiums functions as walls-in coverage, protecting your unit, while the condo association’s insurance protects the property’s common areas. Condo insurance coverage often includes:

• Personal property: This coverage includes movable goods such as electronics, furniture, and personal items. Suppose pipe damage causes your condo to flood, which destroys your belongings. The insurance company may repay or replace the losses. Before getting personal property coverage, it’s best to take inventory of your properties and know the limit for the coverage.
• Structural coverage: This provision may cover the unit’s walls, fixtures, and interior systems, depending on the policy type selected. It can help condo owners rebuild or repay losses related to the property’s physical structure. The vital thing is to ensure that the coverage extends to pipe damages and associated perils.
• Personal liability: With this provision, condo owners may receive coverage for legal expenses related to lawsuits filed against them. Personal liability insurance may also cover other expenses like medical bills if you are found to be legally liable for the accident. For example, suppose a leak in your unit causes a visitor to slip and fall. The insurer may reimburse you a part or whole of the expenses you incurred for the liability.
• Loss assessment: This coverage includes the owners’ portion of any losses the association shares. It’s typically an optional endorsement you add to the master policy so the coverage extends to losses for which you may be liable. Loss assessment coverage can help pay for property damage, medical expenses, and liability costs.
• Loss of use: This provision covers transportation and lodging costs if a unit becomes uninhabitable. For example, if your condo unit floods due to water damage, forcing you to relocate temporarily, the coverage can help pay for additional housing and living expenses, so far as they are reasonable.

Because Massachusetts condo policies may burden you to cover the cost of internal water damage repairs, you’ll need the right resources to manage costs. With property insurance, you can better protect yourself in situations where an existing condo policy clearly states that you are responsible for covering the cost of damage. 

What to Do When You Have a Water Pipe Problem in Your Condo

Here are three things you should do when you have a water pipe problem in your condo:

• Assess the damage: The first thing is to assess the damage to know the cause and location. This will help you ascertain the person responsible for the damage. You may need a professional plumber to help if the cause or location of the damage is unclear.
• Talk to the person responsible: Once you figure out the person responsible for the damage, talk to them to find a solution. You may be able to resolve the challenge without going to court. It is advisable to consult a knowledgeable condo attorney to determine if you have a valid claim before taking any steps.
• Sue in court: Where the person responsible fails to cooperate, you may commence civil proceedings in court. Legal action can help you recover compensation for your loss or get other remedies like an injunction if the defendant’s actions continuously damage your pipes or your properties.

How Do You Sue for Water Damage In Massachusetts?

You must file a complaint with the court clerk. At this stage, it can be highly beneficial to have an attorney prepare this for you, as you want to ensure the complaint is accurate and filled out correctly. The complaint must contain certain vital information, including:

• Caption: This part identifies the county and court, and provides other valuable information, such as the docket number, title of action, and designation. The docket number is given when you file the complaint.
• Parties: This part states the names of the parties in the suit — the plaintiff and the defendant. It may also require listing the parties’ addresses or usual places of business. If the defendant’s address is unknown, you must say so on the complaint.
• Statement of facts: This part narrates the facts that led to the disputes. The statement of facts should be straightforward but capture the relevant details.
• Statement of claims: The statement of claims is the legal analysis of the story in the statement of facts. It’s best to establish all the elements of your cause of action. Where you have multiple causes of action, treat them separately and relate the facts to the relevant legal elements.
• Request for relief: This part details the forms of relief you want should you win the case. The court may award different forms of relief, depending on the circumstances. Examples include general damages, like money to cover damaged property, or injunctions, which compel parties to do or refrain from certain acts.

Filing the complaint only commences the legal action, so you must prepare adequately for the other stages, including pleadings, discovery, pretrial, and trial. It’s also important to learn about service of court processes, settlements, and appeals since they may come up along the way.

Getting Legal Assistance for Condo Water Damage

Hiring professional legal counsel can make all the difference in a condo dispute. They can assess your situation to determine whether you have a valid legal claim, which can save you time and money you’ll otherwise spend chasing frivolous claims. Therefore, it is vital to involve a lawyer as soon as possible in the process of a condo dispute. 

Additionally, lawyers can help you gather the relevant evidence to prove your claim. If the person responsible for the water damage agrees to settle out of court, the attorney can help you negotiate favorable terms. When litigation becomes necessary, attorneys can also help you file the required paperwork, such as complaints and motions, and represent you in court.

If you experience water leak damage in your condo unit anywhere in Boston, Burlington, or elsewhere in Massachusetts, it is essential to contact the experienced condominium dispute lawyers at Calabrese Law Associates immediately to take immediate steps to protect your rights. Acting promptly can help you assess your options and develop a practical approach to handling the situation.

You can trust us to provide the resources, expertise, and action steps needed to help address the issue. As a local law firm, Calabrese Law Associates offers in-depth knowledge of laws in the Greater Boston Area and can guide you through your options and next steps. Out-of-court solutions are always preferable, and we will strive to resolve the complaint and act quickly to help bring about a favorable settlement if possible. 

Whatever the outcome, our professionals are available to provide support and trusted services you can rely on for your situation. Turn to us to address your condo water damage concerns and get the proper legal counsel. 

Contact the Condominium Attorneys at Calabrese Law Associates

Water damage is a common cause of condo disputes. If you’ve encountered such a challenge, it’s vital to assess the cause and location of the damage to know the person responsible. An experienced condo dispute attorney can help you determine if you have a valid legal claim and represent you during negotiations and litigation.

Calabrese Law Associates serves the Greater Boston Area and can help you navigate the relevant laws. We are the firm to contact if you need assistance handling water leak damage in your condo, bringing extensive expertise in local condominium water repair and liability law. If your condo association wants to make you responsible for water pipes that are their responsibility, contact us now.

While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.

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This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.