Repair/Damage Responsibility 2/2026

Whitney Condominium Association

Responsibility for Repair of Damage to the Property of

The Whitney or Other Owners Summary

Adopted and Ratified by WCA Board February 4, 2026

On occasion, several water related events originating from within a residential unit have caused damage to other unit owner’s property and in some cases to the property of TheWhitney. During the resolution of the events, questions have been raised as to the responsibility for costs associated with repairing damage where the cause originates from within a residential unit.

The WCA Board, having considered the need for clarification as to the rights and responsibilities resulting from actions causing damage to property or others, has prepared a summary of policies relating to responsibility. This summary is subordinate to the Master Deed and By-Laws of The Whitney, which in all cases shall be definitive and final.

1) Damages Resulting from Whitney Property Failure

a) In cases of damage, such as water, electricity, gas, mechanical or otherwise, where the cause is the result of a failure of Whitney property, the WCA Board will assume responsibility.

b) This responsibility includes mitigating the damage, arranging for repair and restoration, payment for the work and handling insurance claims.

2) Damages Resulting from Causes within a Residential Unit

a) In cases of damage, where the cause is deemed to be the result of an event or action that occurred within a residential unit, the unit owner and his/her insurance carrier shall be primarily responsible. This responsibility shall include arrangement for mitigation, repair, restoration and filing of claims with their personal condo insurance carrier.

b) Causes of damages that fall under this category include, but are not limited to accidental spills and overflows, negligence, failure or malfunction of a plumbing fixture or appliance inside the unit.

c) Additional causes that fall under this category include failure or malfunctions of Limited Common Elements serving a single unit such as pipes and connections to water heaters, HVAC units and other such units.

d) The Whitney Property Manager may be involved in assisting a unit owner in arrangements where the cause is likely related to a residential unit event and when there is an impact on Whitney property.

e) In all cases except those with damage to Whitney property or facilities, neither the Property Manager nor the WCA Board will assume any direct responsibility for managing the mitigation, repair and restoration efforts.

f) The WCA insurance carrier is not expected to be involved unless the cause directly relates to a failure of Whitney property.