Quote:
Originally Posted by speede5
If the damage stemmed from your incident your insurance has to cover the loss. This would be no different than your house burning down and the neighbors on either side sustaining damage. Your insurance pays their deductibles.
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No, it is different.
The insurance set up in Condo's vs stand alone homes is different.
In your example there are 3 sets of property owners, owning 3 different properties.
The application of the deducible against the unit owner is usually set out in the bylaws. Bylaws are all different, but the one thing they all generally have common is that they set out when the unit owner is responsible for the payment of the Condo Corp's deductible. They often say that is the unit owner is responsible for the damage/loss the Condo Corp's deductible is applied against the unit owner.
This is a loss which happened without any negligence on Polak's behalf, so the, pending the wording of the bylaws he might not be responsible for the deductible. I suspect, and my experience is, the property management company and/or the condo board are just telling Polak he has to pay. If I was him I would ask to be shown in the bylaws.
This is but another example of why I would never buy a Condo again.