Home & Garden

Question about condo A/C unit's flooding/damaging

  • Last Updated:
  • Sep 6th, 2021 4:21 pm
[OP]
Deal Fanatic
Jan 21, 2014
5841 posts
3244 upvotes

Question about condo A/C unit's flooding/damaging

Our A/C unit condensation caused some flooding and damaging parts of the ceiling of our downstairs neighbors. I know it's our insurance would be the one to cover for the repair. The frustration part was this already happened last year with a very small stain. Our neighbors reported to the management, management then sent some contractor to assess the damage, since the job was too small, they went away and never came back with any quote or response. During this whole ordeal, no one, not superintendent, not management office informing me of the problem. My neighbors are a retire couple speak little English and they also didn't know the procedures or what to do next. This year, it happened again and the damage is now much worse, then they decided to inform us the other day. We have since stopped using the A/C and will retrofit both units in the next week or two.

my question: is there anything we can do with our management's negligence in this case? If we were to be aware of this last year. We would have helped fixed the problem and replaced our A/C already. Now, this will cost me the deductible with my insurance and our premium will go up for the years to come so it's not something small that could just pay out of my pocket and forget about it
7 replies
Deal Addict
User avatar
Apr 11, 2009
2432 posts
74 upvotes
Thornhill
I understand your frustration. But what's your desired outcome? That you get compensation from the building? That the building's insurance covers it instead of yours?

It depends on the building, but normally the AC unit is your responsibility. Regardless of who was informed, your unit leaked the first time and then it leaked a second time.

It also depends how much energy, time, and money you want to put in to fighting this issue. If you think it's worth the amount to do so, then do it.

But even if management responds kindly and apologetically, I don't see any way that they would go to the building insurance and say that it was their fault for your unit leaking.
Deal Fanatic
User avatar
Jan 6, 2011
5939 posts
1391 upvotes
GTA
There should be a drain hose if it is a fan coil unit. On damp days like this summer there would be water oozing out of the condenser, dripping into a metal pan (which may have been rusted through) then into the drain hose. You might hear that dripping noise too. The HVAC companies usually want you to spend big while the pan can be replace or rust proofing done.

If the repair is not expensive (it really shouldn't), probably best to cover out of pocket. However trade labor is extremely expensive right now.

There's no corporation negligence unless it's stated otherwise in your declaration that the fan coil is corporation's responsibility.
Deal Fanatic
Mar 21, 2010
6076 posts
2939 upvotes
Toronto
Ordinarily it might not even be your problem at all, because (unless the condo's by-laws state otherwise), the unit owner is not automatically responsible for damage caused by leaks from their unit, only if they are negligent. In this case (**not a lawyer**) someone might argue you are negligent because a leak happened previously and you did not pursue a repair or follow-up, and then the leak got worse and caused damage.

Figure out if the A/C unit is your responsibility. I would think yes, but the fact that the management company sent someone to look at it makes me think it might not be.
Jr. Member
Dec 3, 2019
172 posts
87 upvotes
This question cannot be answered without reviewing condo declaration and by-laws:

1. Where your unit starts and ends. This is in the condo declaration. You're looking for key words like "standard unit".

2. Condo by-laws and declaration as they will have paragraphs on "repairs" and "maintenance"

3. Condo by-laws and declaration for "insurance deductible" responsibility.

Each condo has different laws so a general forum like this will not know the above.
[OP]
Deal Fanatic
Jan 21, 2014
5841 posts
3244 upvotes
Thanks everyone for the responses. Yeah, our property management and superintendent said it's our responsibility for the A/C flooding damages, I don't think they would lie to us about that. The only frustration thing was the first time last year, when the unit below informed management about the leak (one line stain on the ceiling), they sent the superintendent in to check and later sent a contractor in to estimate the damage, during that whole time, we weren't informed any of the issues. This year, when the leak happened again, they did come to our place and shut the A/C down and cleared the clot. We then went downstairs to assess the damage, that's how we found out about last year event. If's also our fault not checking our A/C (for clotting) this year and last year (we did the previous years but became lazy and thought it would be fine). I think they (management) could also respond and say they always remind everyone to check for the A/C clot yearly and we didn't do it. My wife thinks the damage could be in thousands while I believe it would be less. Regardless, we will just wait for the estimator to come next week and proceed from there. If it's less than $1K, I will probably just pay it out of my pocket and not getting the insurance involved. If it's thousands of dollars like my wife thought it would be, then I will claim my home insurance instead. Either way, I probably won't chase after our property management in the end.
[OP]
Deal Fanatic
Jan 21, 2014
5841 posts
3244 upvotes
BTW, if I decide to claim the insurance, does anyone know how it works in this case? I pay the deductible and my insurance pays for the repair of the unit downstairs? or they claim their insurance and not paying for the deductible because not their fault but I am on the hook for the at fault and my premium will go up? or our building pay for the repair and because the cost is smaller than the deductible, they will send us the bill and we claim our insurance? I guess I will call them all tomorrow to find out
Deal Guru
User avatar
Mar 9, 2007
14162 posts
9456 upvotes
Think of the Childre…
Call insurance and they will deal with it.

WOULD SOMEBODY THINK OF THE CHILDREN!!!

Top