Why condos are different

The area around Hilltop includes many condominium and apartment buildings, particularly toward Cherry Creek and in Glendale, alongside the single-family homes. In those buildings, units stack on top of each other and share plumbing chases, walls and roofs. A failed toilet seal or shower valve in one unit can quietly wet the ceiling of the unit below for weeks.

The declarations and rules of each association decide who owns which parts of the building and who insures what. Some treat the drywall between units as common elements; others assign it to the unit owner. The answers are in the documents, not in general rules, which is why the first steps in a condo mold case involve reading and notifying as much as inspecting.

The situation

Illustrative example. Not a real job or customer.

In this illustrative example, an owner in a mid-rise condo building near Cherry Creek notices a yellowish stain and gray spotting on the bathroom ceiling, directly below the upstairs unit's bathroom. The drywall feels slightly soft at the center of the stain.

  1. The owner photographs the ceiling and notifies the HOA's management company in writing the same day, asking that the unit above be checked.
  2. With the upstairs owner's permission, a plumber finds a leaking toilet supply connection that has been dripping into the floor cavity.
  3. The upstairs leak is repaired. The owner checks the governing documents and learns that the ceiling drywall is the unit owner's responsibility while the floor framing between units is common.
  4. The owner notifies their own condo insurer, and the HOA notifies its master policy carrier because framing is involved.
  5. A remediation contractor contains the bathroom, removes the affected ceiling drywall and insulation, and finds limited growth on the joists, which the HOA's contractor cleans under the same containment.
  6. After drying and verification, the ceiling is rebuilt and repainted.

Early written notice and a clear read of the documents let each party handle its own part without long delays, and the leak was stopped before it spread to adjoining walls.

Questions for the HOA and insurers

  1. Under our declarations, who owns and insures the ceiling drywall, insulation and framing?
  2. Will the association arrange access to the unit above, and how quickly?
  3. Does the master policy cover any part of this, and what is the HOA's deductible?
  4. Can one contractor handle both unit and common-element work under one containment?
  5. Will the association document that the source has been repaired?

Condo owner's first-day list

  • Photograph the damage with dates
  • Notify the HOA or management company in writing
  • Request access to and inspection of the unit above
  • Find your declarations and insurance section
  • Call your own condo unit insurer
  • Avoid disturbing the moldy ceiling until the plan is agreed

General information for Hilltop, not a quote or professional advice. In an emergency, call 911.