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  1. #1

    Default Damage Caused by Water Leak in Unit Above

    My question involves a condominium located in the State of: Michigan

    I hope someone can help! I own a condo in Traverse City Michigan, which is 4 hours away from where I live now, which is in Michigan as well. The condo is in a Resort, the unit above us is on the rental program, ours is not. We do not rent it out to anyone. We got a call in November, after the Resort did its annual winter check to make sure heat and what not is on, and they told us there was black mold on our ceiling. My brother and I drove up there to investigate and low and behold, it was everywhere! The last time we were up there was September. No sign of anything!

    It took the resort 8 weeks to find out the cause AFTER I threatened them that I was getting legal advice. They called me back the same day with an answer. How convenient. The unit above's dishwasher had been draining through the wall and ceiling for who knows how long. ALL of our personal belongings were destroyed: $27,000 worth. The association has since torn down 80% of walls and ceiling to rid the mold. Literally. The Resort is NOT taking any responsibility, even though the woman above rents it out under the Resort's rental program, which they receive 50% of the profits. Our insurance policy maxed out of only $9,000. The 27k does not include the cost to replace ALL cupboards and counter top that the Resort contracted to be removed. Also, the Association is replacing the walls and ceiling, however, no paint, carpet, etc. The rest of the construction is for us to deal with. I understand it is not the association's fault.

    My mine questions are this:

    Can I sue the woman above for the remainder of the damages?


    Can I go after the Resort? After all, it is their responsibility as well to make sure everything is in running condition and up to par. I do know this: If this was my unit who caused this to another unit, they would've already sued me. That is a guarantee.

    .

    Thank you all!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Over $27,000 Damage Caused by Unit Above

    What is your theory under which the resort would be liable for the situation? You say they didn't own the unit. How did they cause the problem? How could they have prevented the problem? How could they have detected the problem before a unit owner or occupant brought it to their attention or the pre-winter inspection?

    How would anybody in the upstairs unit have known about the leak before your unit was inspected and the mold was detected? When a plumber fixed the dishwasher, the cause of the leak was determined to be what?

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Over $27,000 Damage Caused by Unit Above

    Why would you not properly insure yourself for a loss? A policy with a $9,000 max is only a third of the actual value of your contents.

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