Every condo is different, so start with your own documents. What follows is how responsibility usually breaks down in Washington. It is general information, not legal advice. For a specific dispute, talk to your insurance agent or an attorney.
Start with the declaration
Your condo's declaration, along with its bylaws and rules, says which parts of the building belong to the association and which belong to each owner. It usually spells out who maintains and insures each part. Washington condos are governed by the Condominium Act (RCW 64.34) or, for communities created since mid-2018, the Washington Uniform Common Interest Ownership Act (RCW 64.90). Both leave a lot to the declaration, so read yours.
As a rough guide:
- Common elements, like the roof, exterior walls, shared pipes and risers, are usually the association's responsibility.
- Your unit's interior, including finishes, fixtures, cabinets and the appliances you own, is often yours.
- Some declarations draw the line at the drywall, some at the studs, and some at specific fixtures.
The master policy
Most associations carry a master insurance policy that covers the building structure and common elements. When a covered loss happens, like a pipe that bursts inside a shared wall, the master policy may pay for the damage to the building, minus its deductible.
That deductible can be large. Some Washington master policies carry deductibles in the tens of thousands of dollars. Many declarations allow the association to pass the deductible on to the owner whose unit or fixture caused the loss.
Your HO-6 policy
An HO-6 policy is condo owners insurance. It usually covers:
- Your personal belongings.
- Improvements and finishes inside your unit that the master policy does not cover.
- Loss assessment coverage, which can help if the association charges you for a deductible or a shared repair.
- Liability, if water from your unit damages a neighbor's.
Check your loss assessment limit. If your master policy has a high deductible and your HO-6 limit is low, there can be a gap.
When the leak comes from someone else's unit
If water came from the unit above you, report it to your HOA and your own insurer right away, even if you think the other owner is at fault. Insurers can sort out who pays after the fact. What they need from you is prompt notice and proof that you acted to limit the damage.
Do not wait for the answer to start drying
Figuring out responsibility can take weeks. Drying cannot. Water in shared walls and floors keeps spreading to other units, and mold can start in a day or two. Get a crew in to stop the damage and document it, notify everyone involved, and let the policies and the declaration sort out the bill. Call us and we will connect you with a local company that works in condo buildings.
Related services in Edmonds
- Emergency water removal: Standing water pumped out, carpet and pad extracted, drying equipment set the same day.
- Condo and unit-to-unit leaks: Leaks from the unit above or into the unit below, with drying and documentation for the HOA.