Water Damage from Common Plumbing

[ixapa]

My question involves a condominium located in the State of: Colorado
I moved into my unit 5 years ago. The developer is gone. HOA is now in control. There was a blockage in the common plumbing in the walls (which the HOA admits is their responsibility). The water backed up into my unit and ruined my flooring. The water apparently leaked from the common plumbing into my dishwasher and underneath the floors. The HOA denies responsibility because the dishwasher hose was not properly installed (state law), which, they
claim, would have prevented the water backup from exiting my dishwasher onto the flooring. They cite that the neighbor, which shares the plumbing, had no water leakage. I claim they are admittedly responsible for the initial blockage and without that blockage, there would have been no damage regardless of an improperly installed dishwasher hose. Despite the developer installing the hose improperly, I have had no incidents of water leakage in the five years I have lived here.

[Mr. Knowitall]

What they're saying is that the damage was not proximately caused by the blockage, but was proximately caused by the improper installation of the dishwasher. They present a plausible argument, in that the neighbor whose installation was up to code suffered no damage.

You can make a claim with your own insurance, assuming you have coverage, and if they believe they have a basis to seek reimbursement from the HOA or its insurance they will pursue that reimbursement.

How long ago was the dishwasher installed?