💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AndrewR3 (California)
Posts: 1
Posted:
I'm a tenant in a Orange County, Calif. HOA community filing a claim for contents damage from a storm flood in my garage. By law, all HOA Directors and board members have a fiduciary duty to hear your complaint, treat you with courtesy; offer a fair and reasonable help, but this has not been enforced with my claim against the HOA because "I'm not a owner, only a tenant." I am not a owner in the association but a tenant which forces me to consider a suit for discrimination.

I filed a claim against State Farm Insurance, the HOAS insurance company for damages suffered to my contents stored in the garage, which is part of a common area structure.

The board has been non-responsive and I continue to receive the run-around from both the insurance company and the board.

Please advise how the Attorney General’s office can assist me with this action or how to approach the HOA.

Thanks
Ar

TimB4 (Tennessee)
Posts: 21,059
Posted:
Andrew,

I would suggest filing a claim with your renters insurance company and then let the two insurance companies fight it out with each other as to who will pay for what. This way, your insurance company will cover your loss and you won't have to deal with it.

Another option is to ignore the HOA. Deal with the Landlord. Let the landlord deal with the HOA. You probably have more rights going this route.

Tim
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with Tim. Unfornately for you as a tenant, you have no contract with the HOA. You have one with the owner. That owner is the one with the rights to make a claim for the damage to THEIR property and NOT yours. If you didn't have rental insurance, then the loss is on you.

Honestly, I don't see you winning this fight and your not winning any friends either. It's best to take this as a lesson learned and move on. Your money is better spent on replacing your stuff than hiring attorney's for a fight you can't win nor should be engaged in.

Sorry, it's not the answer you want to hear. However, it is the honest truth. This is why it is important to have RENTER's insurance. It's your best option. The only other option is to go after your landlords insurance. But that is a bad idea and you probably find yourself evicted soon if you take that route...

Former HOA President
FredS7 (Arizona)
Posts: 927
Posted:
In my association an OWNER would not have a claim against the HOA for damage to possessions by, for example, fire. That would have to be covered by my personal insurance. If I chose not to have personal insurance (and I might not be required to have it) then I would be out of luck.

The HOA WOULD be required to repair the structure. They carry insurance for this.

The details matter here. However the OP may not have any recourse. I would expect his lawyer to provide an opinion on this.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here