Event: Toilet leaks in Unit A and causes some water damage to Unit B and common area of building (condo association). There was NO negligence on the part of unit owners A - meaning they could not have reasonably foreseen nor prevented the leak - nor did they "willingly" cause the leak and damages.
Initial Findings: After speaking with insurance agent/claims adjuster and a colleague who spoke to a lawyer regarding the issue, we have been told the following. If there was no neglect / negligence, then the repairs to the common area are the responsibility of the condo association. We've also been told that the repairs to Unit B are also the responsibility of the condo association.
Additional info: The condo associaiton actually has insurance; however, there is a large deductible that needs to be covered. Also, part of the damage to Unit B requires work to their walls and cleaning behind the walls (technically common area) so the boundaries of what is Unit B's properaty vs. not is blurry.
Question: Are these initial findings correct based on your knowledge of Mass. law / experience from similar situations, etc.?
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