Q: The drain of the toilet in my condo invisibly dripped water that caused damage to the condo below. Must I pay for it?

A: Under California law, the issue of liability for water damage stemming from invisible leaks, such as from a toilet, often hinges on the concept of negligence. If there was no way for you to have known about the leak—meaning there were no visible signs or indications of a problem—you may argue that you were not negligent. This defense is crucial because negligence would typically be required for you to be held financially responsible for the damages caused to another condo.

However, condo associations and insurance policies can have specific rules and coverage terms that might affect who is responsible for such damages. It's common for condominium associations to have insurance that covers certain types of damage to units or common areas, while individual owners might be responsible for the interiors of their own units. The governing documents of your condo association (CC&Rs—Covenants, Conditions, and Restrictions) should outline these specifics.

It would be wise to review your insurance policy and the condo association's rules. Communicating with your insurance provider and the condo association could help clarify your responsibilities. If the damage is significant and there's disagreement over liability, consulting with an attorney who understands property and insurance law in California might be necessary. They can offer guidance based on the specifics of your situation, the law, and the relevant insurance policies.