# New York Condo Water Damage: Who Pays | Who Pays the Repair?

> New York's condo law has the board repair building damage from insurance, if any; everyday leak allocation is left to each condo's own by-laws.

**Who pays:** depends

New York's Condominium Act has the board promptly repair damage to the building using insurance proceeds, if any, with any shortfall a common expense. But the board must insure the building only if the declaration, by-laws or a majority of owners require it, and the Act sets no default for an everyday leak: each condo's by-laws decide (Real Property Law 339-bb, 339-cc, 339-v).

**Boundary:** 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.

**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

## Sources
- [N.Y. Real Property Law Section 339-CC: Repair or reconstruction](https://newyork.public.law/laws/n.y._real_property_law_section_339-cc) (accessed 2026-10-28)
- [N.Y. Real Property Law Section 339-V: Contents of by-laws](https://newyork.public.law/laws/n.y._real_property_law_section_339-v) (accessed 2026-10-28)
- [N.Y. Real Property Law 339-cc Repair or reconstruction](https://www.nysenate.gov/legislation/laws/RPP/339-CC) — "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" (accessed 2026-10-28)
- [N.Y. Real Property Law 339-bb Insurance](https://www.nysenate.gov/legislation/laws/RPP/339-BB) — "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" (accessed 2026-10-28)
- [N.Y. Real Property Law 339-bb Insurance](https://www.nysenate.gov/legislation/laws/RPP/339-BB) — "Nothing herein shall prejudice the right of each unit owner to insure his own unit for his own benefit." (accessed 2026-10-28)
- [N.Y. Real Property Law 339-v Contents of by-laws](https://www.nysenate.gov/legislation/laws/RPP/339-V) — "Operation of the property, payment of the common expenses and determination and collection of the common charges." (accessed 2026-10-28)

_Last verified 2026-10-28. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/new-york-condo-water-damage-who-pays/ — every claim checked against a primary source before publication (see /methodology/)._