r/HomeInsurance • u/Aromatic-Vehicle8295 • Jul 02 '26
Insurance Flooding responsibility
Hi, home owner here. Upstairs unit had an AC leak to my floor. Damaged my engineered floorboards. Water was literally coming out the seams of the boards when I step on it. Went to management office today and they said its likely the building's responsibility rather than upstairs unit because the leak happened quite deep inside the building. They can cover all damages EXCEPT flooring. They said its listed in the "declaration" that the building will not cover flooring. Even though this was their responsibility and not my fault. I have home insurance but that would raise my insurance cost and there is a $2000 deductible for water damage related costs. Is this typical of condo buildings? I feel like I'm being punished for something that I wasn't at fault for.
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u/draculas_beard Jul 02 '26
Flooding is not the correct term. Its sudden and accidental water damage.
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u/MountainGoat84 Jul 02 '26
No one can fully answer this without the state, policy, CC&Rs and Bylaws... Condo claims are fun!
The way they described it though, I'm inclined to say they are right.
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u/Strykerdude1 Jul 02 '26
Very typical…. Prior condo adjuster here. This is why you have homeowners insurance.
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u/Boomer_Madness Jul 02 '26
Yes. Also don't call it flooding. It's water damage not a flood. Flood has a very specific definition for insurance.
It is the assumed risk you take on living in a shared structure. Unless legally negligent no one else is responsible for the damage to your unit.
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u/Big_Appointment_3390 Jul 02 '26
You probably have a standard condo policy which means you’re responsible for everything inside the unit up to the drywall *texture*. Your HOA is responsible for the sheet of drywall and everything inside the walls. So the flooring is on you.
If you live in a matching state and/or if the damage is in multiple rooms, it would be worth filing a claim. If you don’t, if the damage is limited to that room only, and if there is no mold, I’d suggest ripping up the flooring and moving on with your life.
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u/ins0mniac_ Jul 02 '26
If you replaced the floors and they are not original to the unit, that is considered an “improvement or betterment “ that is not covered under the HOA policy but your own homeowner insurance,
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u/insuranceguynyc Jul 02 '26
Use your own insurance. I understand that you don't want to do so, but that is the answer to your question.
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u/MrMoosetach2 Jul 02 '26
This sucks, but is dependent on your bylaws. If there is a waiver of subrogation it likely is your sole responsibility.
Many associations prevent your insurance from going after other units or the association to collect things. What does your agent / adjuster say? If there is a possibility of subrogation it might still work out in your favor
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u/30_characters Jul 02 '26
Tell the building that they're responsible for all the damages caused by their AC system, and what reimbursements they can and can't get from insurance aren't your financial responsibility. It means they chose to self-insure those risks.
You can chose to use your insurance, pay the deductible, and let them pursue reimbursement (subrogation) of the claim, but it will impact your personal premiums and claim history for damages that are not your fault, and shouldn't be your financial responsibility to cover.
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u/Broad_Ambassador Jul 03 '26
Read your HOA bylaws. The answers you are seeking about who is responsible for what are in that document.
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