Question for attorneys

[justin22g]

One of my friends owns a condo, and had a water leak in the copper pipe leading to the fridge.

This leak occurred inside the wall, so he had no way of knowing it. He lives in an upstairs unit, and this slow leak caused 3k worth of damage to the downstairs unit.

He had just bought/moved into it, so he did not have insurance at the time.

He looked up some things online, and told the owner of the downstairs unit that he was not liable because there was no negligence involved.

This was probably 4 months ago, and he got a call today from someone asking "where to serve the papers." Then they said, well why don't you just go ahead and pay it.

When he first said someone called to ask where to serve the papers, I figured it was a process server, but when they stated, why don't you just pay, it makes me wonder.


I have been hopelessly searching the Alabama Code and can not find anything about this.

Has anybody had any experience with this type of matter?


edit: the downstairs owner's insurance is trying to collect

 

[justin22g]

I guess my question is,

Is this strict liability?

or does negligence need to be proven?

 

[Jinxbreaker]

I got screwed by having my Heat/AC unit go 2 months after the closing of my house($3,500). It was noted on the inspection that there was a problem and they came out and fixed it and threw in a 1 yr home warranty. So i thought I was covered.....well they say that certain unit is not under NC code anymore so i have to buy a new one. I went to an real estate lawyer and no luck. I think they are in bed w/each other. What happen to a 1 yr warranty on buying a new house. I feel that guys pain!!!

 

[Simply In The Red]

Does this condo have an association or management?

 

[jr11]

I just sold my Condo, and yes there was an association that I paid monthly dues to. From those dues, and in your situation, that would fall on the association because they insure the structure of the property. My insurance was contents and the association's was structure (roof, wall, and so on).

 

[Woodson]

Go to Lowder Hall and See if DR "Snorty" Smith still teaches Business Law. His specialty is tort law and he owns an apartment building or something (trailer park out in Wire Road...)

The man was a legend back in my day.


I'd tell you about it but he probably would find it an sue the hell out of me...


Cool cat though...

 

[layinwood]

From my works in insurance and with condos(although very limited) anything paint and out is the condo owners responsibility and everything drywall and in is the condo's association or managements responsibility. The association carries insurance and it will cover this if it was in the wall.

 

[Simply In The Red]

From my works in insurance and with condos(although very limited) anything paint and out is the condo owners responsibility and everything drywall and in is the condo's association or managements responsibility. The association carries insurance and it will cover this if it was in the wall.

Those are my thoughts on the matter as well.

 

[justin22g]

Thanks guys... I appreciate all the comments.

I told him to get a copy of the association's bylaws.


And I believe this answers the question of "who" is responsible for the leak.

Section 35-8A-202
Unit boundaries.

Except as provided by the declaration:

(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.

(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(3) Subject to the provisions of subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

 

[justin22g]

Section 35-8A-311
Tort and contract liability.

Neither the association, any association mortgagee, nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (i) for all tort losses not covered by insurance suffered by the association or that unit owner, and (ii) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all reasonable litigation expenses, including reasonable attorneys fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section solely because he is a unit owner, or a member or officer of the association. Liens resulting from judgments against the association are governed by section 35-8A-317.
(Acts 1990, No. 90-551, p. 858, ?3-111.)

 

[justin22g]

and another question...

If it IS the Associations responsibility,

why would the downstairs owner's insurance be going after my friend for the cost of repairs?


IMO, I think the insurance company is just trying to get an easy settlement out of it, since the "person" trying to serve papers asked if he would go ahead and pay.


I told him to just sit back and see if he actually does receive a complaint, and see what statutes it includes, and go from there.