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Originally Posted by Bagor
I don't think he necessarily agreed with you or disagreed with Cecil.
Cecil's point (I believe) was that where water damage is from a result of a failure outside the interior of walls and within the apartment (a sink) there is a strong possibility of personal responsibility as opposed to if the water damage was caused by faulty siding or roofs which would be included under common elements and therefore be the condo association's responsibility.
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But what Cecil has failed to show is the what responsibility rest with Polak. As i posted, if the water escape was a result of something Polak did/didn't do, then yeah I can get on board with it being his fault.
I fail to see how the sink falling out is Polak's fault.
As I have said the Bylaws of the Condo corp will set out when the deductible can be applied against the unit owner. I am not saying that in Polak's case his bylaws do or do not say that. What I am saying is that Polak should be getting it in writing from his condo board/property management company, withh a specific quotation of the bylaws that allow for the charge back of the deductible. It isn't cut and dry (no pun intended).
I don't believe Cecil understands Condo v Unit Owner insurance.
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And what does the bolded part mean?
- I install hardwood floors as an upgrade.
- Condo burns down
- Property is rebuilt to its original state (carpet)
- I sell property
What costs of what upgrades are passed onto the new owner?
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In your example nothing, as the flooring that was put back is not an upgrade.
However,
>Unit Owner installs hardwood (rest of the condos have carpet)
>Unit Owner sells property to new owner
>5-7 years pass and then condo burns down
>property rebuilt to original state, including the unit upgrade (hardwood)
>current unit owner pays the upgrade (by extension the insurer of the current unit owner pays)
That is what I mean by the costs of the upgrades are passed on.