Our Clients Ask Us- Water Damage

Q: A unit owner's dishwasher hose burst in the unit causing water damage to the surrounding units. Is the unit owner whose pipe burst responsible for covering the damages to the surrounding units?

A: There is authority that says No, the unit owner is not responsible for damage to surrounding units. Associations must be aware that there is at least one Court that has said that if the Association has knowledge of a potential danger within the units, the Association has a duty to warn other unit owners of the potential danger even though the Association does not have a duty to maintain or repair the potential danger; in this case, the dishwasher hose. So, the Association may have a duty to warn if it knows or should know that there is a pattern with the dishwasher hoses breaking in units. The Board cannot ignore recurring problems, and may be responsible for portions of the repair costs based on commons area damage depending on the Association.

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