Vancouver, WA asked in Consumer Law and Real Estate Law for Oregon

Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

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1 Lawyer Answer
John Christopher Minor
John Christopher Minor
  • Newport, OR
  • Licensed in Oregon

A: Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something of a stretch).

I don't know if you have your own insurance protecting you against damage to the interior of your unit. Most condominium owners do and should have such insurance and, if so, put the matter in the hands of your own insurer.

You might also check to see what kind of coverage the Association of Unit Owners has.

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