Legal Question in Real Estate Law in Georgia

I own a condominium. The condomium complex is approximately 25 years old. A newsletter was sent out to owners in May 2010 telling owner that several hot water tanks had ruptured and damaged adjacent units and any old water tanks needed to be replaced. In July 2010 the hot water tank in the unit above mine ruptured and damged some of my property. Is the unit owner liable for the damage their hot water tank did to my unit?


Asked on 9/29/10, 2:51 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Most likely, yes. You will likely want to make a claim to the unit owner's insurance company. If the insurance company denies the claim and the owner refuses to pay for your damages out of pocket, your only recourse is to sue the owner.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/04/10, 2:56 pm
Yasha Heidari Heidari Power Law Group, LLC

Unless your condo's bylaws or association documents provide otherwise, the owner above you is most likely negligent and liable for any damages your unit incurred.

DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, any information I provide is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give. Just for the record, unless you live in Georgia, I am not licensed to practice law in your jurisdiction. In fact, my knowledge of laws is limited to Georgia. You should always consult with a local attorney about your situation.

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Answered on 10/04/10, 8:22 pm


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