The first priority is still the water

Before anyone discusses fault, the source has to be stopped. Knock on the upstairs door, and if nobody answers, contact building management or the HOA's emergency contact and ask them to shut off the riser or the building main. In mid-rise and high-rise buildings around Capitol Hill, Cheesman Park and downtown, water from one unit can reach several floors within minutes through chases and around plumbing stacks.

Once the water stops, take photos of your ceilings, walls, floors and belongings, then notify your own insurer. Even if the leak started elsewhere, your carrier will usually want to hear about it promptly, and delays can complicate a claim.

Responsibility in a condo is set by documents, not by intuition. The declarations and bylaws describe which parts are common elements maintained by the association and which belong to each owner. A pipe inside a wall might be common element in one building and an owner's responsibility in another.

Who often covers which piece

General patterns only. The building's governing documents and the actual policies decide.
Part of the lossOften handled byDepends on
Shared riser or main line failureHOA, under the master policyWhether the pipe is a common element
Supply line or fixture inside the upper unitUpper unit owner and their insurerDeclarations and whether negligence is claimed
Drywall, cabinets and floors in your unitMaster policy, your HO-6 policy, or bothWhether the master policy covers interior finishes
Your furniture and belongingsYour own HO-6 or renters policyYour coverage limits and deductible
Master policy deductibleSometimes passed to the responsible ownerAssociation rules and Colorado law; ask the HOA
Temporary housingYour policy's loss of use coverage, if anyYour specific policy

Questions to ask the HOA and your insurer

  1. Was the failed pipe a common element or part of the upper unit?
  2. Does the master policy cover interior walls, cabinets and flooring, or only bare walls?
  3. What is the master policy deductible, and how does the association allocate it?
  4. Will the association hire a mitigation company for the whole building, or should each owner arrange drying in their own unit?
  5. Who authorizes opening walls that contain shared plumbing?
  6. Can I get a copy of the plumber's report on what failed and why?
  7. Does my HO-6 policy include loss assessment coverage?

Common questions

Can I hire my own mitigation company if the HOA already has one in the building?
Sometimes, but coordinate first. Two companies drying connected spaces without talking can create gaps. Ask the HOA and your insurer how they want it handled.
The upstairs owner is out of town. What can I do?
Contact the HOA or building management. Many associations have a way to reach owners and may have authority under the governing documents to enter a unit in an emergency.

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