Q. A water heater leaked and damaged a couple of condos. Please read the copy of our condo documents attached. Would the statute or the condo documents determine liability in this situation?
A. If the incident is covered by insurance, the statute would take precedence. The intent is to standardize the issue of which insurance policy covers what for the insurance industry. I think the section you reference in your documents is directed more at maintenance issues than events covered by insurance; however, to be absolutely certain, I would suggest having the association attorney provide the association an opinion so you would know how to handle such issues in the future.
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