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Running into a headache for some extensive water damage for my condo. Have both personal insurance and the master carrier policy that cover repairs to the interior. Been in excess of 4 months and work to repair it still hasn't started. HOA has been dragging their feet the entire time, took a month to get bad leak in shared pipe fixed that cause the damage (HOA finally paid for repairs). Took a month for me to get them to file a claim because they didn't want to initially.
Keep insisting my personal insurance should be covering everything, but based on ccrs and policies the HOA master carrier insurance policy should be the one covering repairs to the residence. Me and both insurance companies agree this is correct. Initially they were refusing to take any money from insurance as "they don't own the interior, it is my responsibility/personal insurance". Again master insurance policy covers interior of all units (my personal one does too along with belongings and ALE).
Now currently the estimate for the insurance company is missing quite a lot. I have gotten 5 quotes, and the cheapest one is 5-6k difference. This is also the insurances companies preferred contractor in the area. They are being extremely uncooperative about dealing with the insurance company to have their estimate changed and believe "they have done their part" and all additional expenses will be billed to me. They also state they get to pick the contractor and when work is done (this part they may be correct on but is quite frustrating). I told them no I will not be as it is not supposed to work that way. Then they said they would be getting legal counsel. Also said they would asses those fees to me.
Frustrating to say the least, wonder if anyone here has any advice/can confirm I am in the right here?
You need to consult a real estate attorney to protect yourself.
As I understand, with a condo you own the interior of the unit but the association is responsible for everything within the walls and the exterior of the condo. Your insurance covers your belongings and you are responsible from the walls to the interior of your condo.
I don't know what state/city you live in. You need to review CC&R of your condo to confirm your and the association's responsibilities as there is no single answer that fits all. The rules can differ based on your city, county, and state. You want to confirm all this ASAP and don't wait for the condo board to do anything. Have you talked with your insurance company about this yet ?
You need to consult a real estate attorney to protect yourself.
As I understand, with a condo you own the interior of the unit but the association is responsible for everything within the walls and the exterior of the condo. Your insurance covers your belongings and you are responsible from the walls to the interior of your condo.
I don't know what state/city you live in. You need to review CC&R of your condo to confirm your and the association's responsibilities as there is no single answer that fits all. The rules can differ based on your city, county, and state. You want to confirm all this ASAP and don't wait for the condo board to do anything. Have you talked with your insurance company about this yet ?
In my state I believe master policy must be "all-in" and cover the residence interior also, which the policy does. CC&R is super old and doesn't specify which policy should take over for the interior, therefore both insurance companies agreed the master policy should take over. HOA was the only one not agreeing with this.
It makes it a complete pain as it makes the pace go at how quick (slow) the HOA works, removes my ability to negotiate with the insurance company, and removes my ability to pick the contractor repairing the interior. The HOA seems to have no desire to negotiate with the insurance company. My main question is they can't pick a contractor that does the work for 20k, get 15k from insurance, then bill me 5k - can they?
Let your insurance company deal with this as they should. If it has to go to a judge, they will use their own attorneys to fight on your behalf. Trust me, your insurance company will do everything they have to so that they don't have to pay and if they need to sue the HOA insurance company, they will. Just my $.02 worth.
Let your insurance company deal with this as they should. If it has to go to a judge, they will use their own attorneys to fight on your behalf. Trust me, your insurance company will do everything they have to so that they don't have to pay and if they need to sue the HOA insurance company, they will. Just my $.02 worth.
My insurance company has said since the master one has taken responsibility for repairs it is strictly between me, the master insurance policy, and the HOA and that they have no liability. Weather that is true or not I don't know. My individual insurance company has been trying to avoid paying for some things that are covered specifically under that policy (ALE for hotel) and currently have a lawyer getting in contact with them.
Every condo association insurance policy that I have ever seen covers everything within the walls or on the outside of the building but does not cover anything on the interior of the condo. Your personal insurance policy should cover everything IMHO within the interior walls even if the issue started within the walls.
I am not an attorney, just wanted to offer my opinion on this. Please let us know what happens and I wish you the best of success with this. I understand your frustration.
Your lawyer should be able to help you resolve this issue. Another option if that doesn't work is to contact a local TV station to see if they will run your story and amazingly, these types of issues find a way to resolve themselves rather that getting bad public relations for the HOA and/or the insurance company.
Every condo association insurance policy that I have ever seen covers everything within the walls or on the outside of the building but does not cover anything on the interior of the condo. Your personal insurance policy should cover everything IMHO within the interior walls even if the issue started within the walls.
I am not an attorney, just wanted to offer my opinion on this. Please let us know what happens and I wish you the best of success with this. I understand your frustration.
Your lawyer should be able to help you resolve this issue. Another option if that doesn't work is to contact a local TV station to see if they will run your story and amazingly, these types of issues find a way to resolve themselves rather that getting bad public relations for the HOA and/or the insurance company.
Unfortunately this policy does, and all CC&R does is state that the unit owner has the right to purchase additional insurance for their benefit. Most of the time they don't cover residence interior and if they do theyl CC&R specifys your individual insurance should take primary for that. Lawyer I am dealing with is unfortunately not an expert on the issue and tough to find someone who is as it is an odd situation. Initially I thought my own insurance be responsible for interior, but after reading the documents multiple times I'm pretty positive I was wrong.
If the ultimate cause of the damage originated inside of the condo, you are responsible. Inside includes everything not covered by the builder as outside or shared such as the siding, roofing, probably windows and trim. Your kitchen or bathroom pipes? Your problem. But a hole in the roof leading to an eventual drip downstairs? HOA problem.
OP
You need a lawyer who is familiar with HOA laws in your state since they are state-specific. The first thing that lawyer will do is read your HOA documents and tell you where you stand, don't listen to anyone else.
Your HOA has told you they are lawyering-up so you need to do this too if this is a significant repair expense that they do not want to pay for. If your lawyer tells you what you think is true, that the HOA/their insurance bears the repair burden then let your lawyer do all future communication with the HOA's lawyer.
You will have to decide whether this expense (the repair expense weighed against having your lawyer file suit to get it paid) is worth it to you. You only get your legal expense covered if you win but you have to pay your legal expenses up front so don't be swayed by hiring an attorney who is eager to go to court, what they are eager for is charging you money. Lawyers always win money, they don't always win cases for their clients. If you lose you'll be paying your attorney and their attorney's fees PLUS the repair expenses unless a settlement is made and then everything is negotiable.
Ask your attorney whether going to small claims court without a lawyer is advisable.
Sometimes a letter from a lawyer stating what the HOA documents state is all it takes unless you have a willfully ignorant board, lot's of those around.
It's really odd that HOA insurer says it's their responsibility yet HOA won't allow it. Try to get that in writing because it's proof the HOA is at fault if you go to court.
In my state I believe master policy must be "all-in" and cover the residence interior also, which the policy does. CC&R is super old and doesn't specify which policy should take over for the interior, therefore both insurance companies agreed the master policy should take over. HOA was the only one not agreeing with this.
It makes it a complete pain as it makes the pace go at how quick (slow) the HOA works, removes my ability to negotiate with the insurance company, and removes my ability to pick the contractor repairing the interior. The HOA seems to have no desire to negotiate with the insurance company. My main question is they can't pick a contractor that does the work for 20k, get 15k from insurance, then bill me 5k - can they?
In general, the insurance company makes all of the decisions in these situations, and the HOA should be along for the ride.
Get a RE attorney, and be ready to have the HOA board hate you.
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