Guides
Leak From the Condo Above: Who Pays?
Short answer: it depends on where the failure happened and what your HOA's governing documents (CC&Rs) say. Often three policies are involved: the source unit owner's insurance, the HOA master policy, and your own condo (HO-6) policy.
What to do first
- Tell the upstairs neighbor and the HOA or property manager right away so the water is shut off.
- Turn off power to wet light fixtures; stay out from under a sagging ceiling.
- Take photos and video of every wet area.
- Call your own insurance and a restoration company — drying shouldn't wait for the parties to agree on who pays.
How the policies usually fit together
- The source unit's policy may respond if the failure was in their unit, such as a washer hose or toilet supply line.
- The HOA master policy often covers building structure and common elements, depending on the CC&Rs, and usually has a deductible.
- Your HO-6 policy typically covers your interior finishes, improvements and personal property, and can help with the master policy deductible if you carry loss assessment coverage.
Why documentation matters
When several carriers are involved, each one asks for proof. We document each unit separately — photos, moisture readings and daily drying logs — so every claim has what it needs.
FAQ
Frequently Asked Questions
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Should I wait for the HOA before drying my unit?
No. Delays let water spread and mold start. Document first, then start drying.
What if water reached more than one unit below?
Each unit should be documented separately. See our Scripps Ranch project, where one leak reached two condos.
This guide is general information, not legal or insurance advice. Your policy and your adjuster decide coverage.
Questions about your own loss? Call (619) 510‑1998 — available 24/7.
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