
Meanwhile clarifying responsibility can take days or even weeks, because the source of the fault has to be established first.
The principle is simple: if the leak originates from common property, roofing, roof insulation, the shared rainwater drainage system or a facade crack, the repair and the restoration of the resulting damage is the joint obligation of the condominium. If, however, the cause is a pipe, bathroom waterproofing or balcony belonging to an upstairs neighbour, responsibility lies with that owner.
The practical difficulty is that the source is often not obvious at first sight. The first step is therefore always to involve an expert who establishes the source in detail before anyone makes statements about responsibility.
Until responsibility is clarified, the affected owner has a duty to mitigate the damage: they must take reasonable steps to prevent further harm, even at their own cost, which can be reclaimed later.
It is worth knowing that the condominium and in many cases individual owners hold home or building insurance that may cover the cost of restoration in certain cases.
If responsibility remains disputed between two owners, the injured party can ultimately pursue the claim in civil court, but this is slow and costly, so it is usually better to seek discussion and, if needed, mediation first.
In every water ingress case Merbo first appoints an expert to establish the source of the fault, and only then decides the question of responsibility and financing.
