COLUMN: Barbara Holland

Q. We live in a downstairs condominium. The unit above had a leak in the bathroom plumbing that came through our ceiling.

My husband showed the leak to the upstairs owner. At the time, the upstairs owner said he believed his insurance would cover the cost of the damage. Since then, nothing has happened.

We spoke with the management company, which told us that this was a problem between two owners, not an association problem.

Our insurance company told us to file a claim with the association's insurance company, which we did. The association's insurance company sent us a letter stating they had mailed us a check for $258 to the management company. We have never received this check. It is insufficient to cover the damage anyway, and we are starting to see mold forming on the ceiling.

What assistance can you give us?

A. First, contact the owner of the management company. Fax the owner a copy of the letter from the association's insurer and ask her to have the check issued to you.

Second, file a claim with your insurance company. They have a legal obligation to provide secondary coverage to your damages after the primary insurance of the homeowners association.

Third, find out the name of the neighbor's insurance company, and give that information to your insurance agent.

If your insurance company wants to file a claim against the other company, that is their option. Regardless, they may have an obligation to cover any deductibles from the association's insurance company that may have decreased how much you can receive, plus provide you with funding to correct the problem, less the deductible.

If your insurance company gives you a difficult time, call the state Insurance Commission.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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