Why shared walls complicate things
In attached housing, water ignores property lines. A failed supply line in an upstairs unit can soak the ceiling and walls of the unit below, and a leak in a shared wall can affect both neighbors. Meanwhile, ownership of the building parts is divided. Depending on the declaration and bylaws, the association may be responsible for the structure, roofs and common pipes, while each owner is responsible for interior finishes, fixtures and personal property.
Insurance usually follows that split. The association carries a master policy, and each owner carries their own policy for what the master policy does not cover. Where exactly the line falls, sometimes called bare walls or walls-in coverage, varies by community and by policy.
Who often handles what
| Part of the building | Often the association | Often the unit owner |
|---|---|---|
| Roof, exterior walls, foundation | Usually | Rarely |
| Pipes serving more than one unit | Often | Sometimes |
| Pipes and fixtures inside one unit | Sometimes | Often |
| Drywall, flooring, cabinets inside a unit | Depends on the master policy | Often, especially upgrades |
| Furniture, clothing, belongings | No | Yes, through the owner's or renter's policy |
Questions to ask the association or manager
- Where did the leak start, and who determined that?
- Is the source a common element or part of an individual unit?
- What does the master policy cover in my unit, and what is the deductible?
- Will the association arrange mitigation, or should each owner arrange their own?
- Can I get a copy of the moisture readings and the report for my unit?
Getting drying started without waiting on a dispute
- IfWater is still coming in from the unit aboveThenContact the neighbor and the association immediately; the source must be shut off even if the neighbor is away.
- IfThe association is arranging mitigationThenAsk to be present for the assessment and request copies of the readings for your unit.
- IfNobody is taking action and materials are getting worseThenNotify your own insurer, document everything, and ask whether you should start mitigation yourself.
- IfResponsibility is disputedThenLet the insurers work it out, but keep drying moving; delay rarely helps anyone.
Common questions
My upstairs neighbor's toilet overflowed. Who pays?
It depends on the governing documents, the cause and both policies. Many cases are handled by the insurers involved. Report it to the association and your own insurer promptly and document the damage in your unit.
General information for Lakewood, not a quote or professional advice. In an emergency, call 911.