HOA or Home Owner

Started by BR2 • 3 replies • 1438 views

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BR2 (California)
Posts: 1

Posted:

I am looking at the bylaws and can't find anything about this issue. Can someone please tell me who is at fault and the best way to handle this?

Situation:

HOA hires a painting company to powerwash and paint the exterior of the house. However, when painting company powerwashes our unit, the water comes through the windows and front door and warps our floor and causes water damage to our furniture.

What's the best way to handle this situation? I have insurance, but don't see why we have to pay for the deductible since I didn't hire the company nor cause the damage.

Thanks,

Jason

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The responsibility for the damage is the contractor doing the work. They should be licensed and insured. It is these type of situations why only licensed/insured contractors are hired. You will want to document the damage and present it to the HOA board. The HOA should bring it up to the contractor they hired to cover the damages.

Most likely, this will be an issue that the insurance companies will handle between eachother. You may have to contact your own insurer and have them contact the contractors insurance if there is an issue with the HOA's follow through. However, that should be your LAST resort. The HOA hired this contractor and therefore should be the one to make the complaint to them to collect.

If the company isn't licensed and insured...it's not going to be easy to collect from them. That will be much more complicated....

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By MelissaP1 on 09/06/2011 11:10 PM
The responsibility for the damage is the contractor doing the work. They should be licensed and insured. It is these type of situations why only licensed/insured contractors are hired. You will want to document the damage and present it to the HOA board. The HOA should bring it up to the contractor they hired to cover the damages.

Most likely, this will be an issue that the insurance companies will handle between eachother. You may have to contact your own insurer and have them contact the contractors insurance if there is an issue with the HOA's follow through. However, that should be your LAST resort. The HOA hired this contractor and therefore should be the one to make the complaint to them to collect.

If the company isn't licensed and insured...it's not going to be easy to collect from them. That will be much more complicated....

Not quite so simple...if the contractor did as they were told, did the work correctly then they are not at fault. If there is a leak around the window that should have been fixed and that is how the water got in then the responsibility falls back to the HOA or the homeowner, whoever is responsible for the outside maintenance. First step is to see if the contractor was power washing properly...sounds like your insurance company will need to get involved and do the fighting for you.

GloriaM1 (North Carolina)
Posts: 14

Posted:

In most COA's the doors and windows are the owners obligation. I would of course begin with your governing documents. Put in a claim not only with your homeowners insurance but with the HOA and the company as well. Let your insurance subrogate against those they have to recoup their losses. As for the deductible this should be discussed with your board.

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