Water Back-Up – Who’s Responsible
Long story short, dark water from the plumbing stack in our building backed up into a sink in one of the units; it flowed over the sink and onto the floor, damaging the floor and the ceiling of the unit below. The repair cost is below the Condo Insurance deductible.
Half the condo board is saying that the damage to the unit below is the responsibility of the unit owner, who suffered the plumbing back from the drainage stack, and they should cover the cost; however, we have found out that they don’t have insurance to cover that.
I understand that there were some changes in the condo act to cover damage caused by unit owners; however, this backup was caused by a blockage in the stack considered common property. Not because the unit owner left the tap on.
One other issue, the back up into the sink happened when it rained. The last back happened when a condo board member took a garden hose and put it into the stack to see if that was the issue.
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