Default rule and exceptions
Damage to or destruction of the building is promptly repaired and reconstructed by the board of managers using the proceeds of insurance, if any, and any deficiency is a common expense (RPL 339-cc). The board insures the building only if required by the declaration, the by-laws or a majority of unit owners, and each owner may insure their own unit (339-bb). The Act leaves operation of the property and common expenses to the by-laws (339-v), so ordinary unit-versus-common-element leak allocation depends on each condominium's documents.
| Party | What they are responsible for |
|---|---|
| Board of managers | Promptly repairs and reconstructs building damage using insurance proceeds, if any; insures the building when the declaration, by-laws or a majority of owners require it. |
| Unit owner / by-laws | May insure their own unit; everyday leak allocation follows the condominium's own by-laws, since the Act sets no default. |
| Exceptions | Building insurance is required only if the declaration, the by-laws or a majority of unit owners require it; The by-laws, not the Act, decide ordinary unit-versus-common-element leak allocation |
What the source says
Last verified against the primary source on Oct 28, 2026.
damage to or destruction of the building shall be promptly repaired and reconstructed by the board of managers, using the proceeds of insurance, if any, on the building for that purpose, and any deficiency shall constitute common expenses
The board of managers shall, if required by the declaration, the by-laws or by a majority of the unit owners, insure the building against loss or damage by fire and such other hazards as shall be required
Nothing herein shall prejudice the right of each unit owner to insure his own unit for his own benefit.
Operation of the property, payment of the common expenses and determination and collection of the common charges.
Read who pays when water leaks from the unit above and the general HOA and condo repair rules.
Common questions
Who pays for condo: water damage / component repair in Statewide, NY?
It depends on the specific facts. Promptly repairs and reconstructs building damage using insurance proceeds, if any; insures the building when the declaration, by-laws or a majority of owners require it.
Are there exceptions in Statewide, NY?
Building insurance is required only if the declaration, the by-laws or a majority of unit owners require it; The by-laws, not the Act, decide ordinary unit-versus-common-element leak allocation
What is this based on for Statewide, NY?
This verdict is sourced to N.Y. Real Property Law Section 339-CC: Repair or reconstruction and 6 sources in total, each independently re-checked before publication.
Sources
- N.Y. Real Property Law Section 339-CC: Repair or reconstructionstatute · further-reading · accessed 2026-10-28
- N.Y. Real Property Law Section 339-V: Contents of by-lawsstatute · further-reading · accessed 2026-10-28
- N.Y. Real Property Law 339-cc Repair or reconstructionstatute · verified-primary · accessed 2026-10-28
- N.Y. Real Property Law 339-bb Insurancestatute · verified-primary · accessed 2026-10-28
- N.Y. Real Property Law 339-bb Insurancestatute · verified-primary · accessed 2026-10-28
- N.Y. Real Property Law 339-v Contents of by-lawsstatute · verified-primary · accessed 2026-10-28
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