Aldie, VA asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia

Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit 404’s water heater. I have water damage in my unit, extent unknown. After 2 months remediation has not started. There have been a number of false starts and stops but no action. All Tech’s Plumbing Manager is handling the situation and IMO does not have the skills or decision-making authority to manage the situation. I was willing to work with my neighbors in Unit 404 and with AllTech but no longer feel that is in my best interest. I am planning to sell my condominium and retire in the next 12-18 months. I expect and would prefer disclosing to any prospective buyer I had water damage to my property and took appropriate steps to correct it.

2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to sue, and will pursue the appropriate parties for recovery. The condominium's policy should cover damage to the common elements. I see no reason to involve yourself in the legalities of this matter, assuming you had insurance coverage. If not, you should immediately consult with a community associations real estate lawyer to pursue your remedies.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: If you carry insurance for the loss and it is covered, that could be the practical way to go. Good luck

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