[undercoverbrother]

Originally Posted by Cecil Terwilliger

That's not really how fault and negligence work when it comes to condo insurance.

Far as the condo board and prop manager are concerned, this was polak's "fault". It would be his responsibility to keep his things in good working order. Their insurance may go after a third party if they think negligence was responsible for them having to payout but something polak owns did damage to someone else's property. That means he's responsible. Sadly the condo and their insurance aren't likely to care about crappy luck.

You are wrong.

I might agree if you are talking about something that requires ongoing maintenance and inspection or is Polak altered something. For example, if Polak changed out his kitchen tape, and did it incorrectly. The tap then released and caused this damage. That is on Polak.

I am unclear on what type of ongoing maintenance a kitchen sink needs. I have never check to make sure mine wasn't falling out.

Now if the siding sink was installed incorrectly and rainfall water leaked into polak's unit and ruined his floor and his below neighbor's roof, then the board (really all homeowners since it is their money), would pay the deductible.

Fixed your post.

It really isn't much different than the example you quoted. There's just more people involved. In fact, since the responsibility of the cost gets spread out, you could argue the condo owner is better off than the homeowner, who would be solely responsible. And he gets the benefit of the prop management company to help sort everything out. If they suck, then that's the board's fault and by extension partly polak's fault for not getting involved in running his board (I'm not making any assumptions about either polak, the board, or the prop mgr, just saying that's a possibility).