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KarenH3 (Texas)
Posts: 2
Posted:
What options do residents have if they disagree with a claim the Board has submitted to the insurance company for repairs on a residents interior unit? It appears the claim should have been placed with the individual memebers home owners policy and not the assoications. I know one could go to an attorney but that is costly, are there other options a resident can do or any other agency to turn to for assistance? As a result of this claim being paid the association's premiums have amost doubled.
LanceT (Alabama)
Posts: 121
Posted:
It depends on the type of repair and is it located in a condo development? The claim may be valid against the HOA's insurance. If involved a leaking pipe inside the wall that services other units, then it was the HOA's responsibility. Especially, if that pipe caused the bottom floor to flood and cause mold damages.
However, if the damage was caused by a homeowner forgetting they were running a bath and let the bathtub overflow, then it is the homeowner's insurance that pays.
This may turn out to be a battle of the insurance companies. The homeowner's insurance may have to agree to get involved. How they sort this out will be between them. Often it's handled much like car accidents where the insurance company pays their own clients bills and then sues the other driver's insurance for reimbursement.
Your going to have to talk to the owner and see if they are willing to have the claim moved onto their insurance instead. I have a gut feeling that answer will be a resounding "NO". It will cost them increased premiums and possibly cancelled insurance. Would you agree to that?

Recovering Ex-President of a HOA
KarenH3 (Texas)
Posts: 2
Posted:
We had an engineer come out to evaluate the damage and his report stated said damage was a result of a bathtube pipe leak and leak in the air condition unit. When this was told to the residents at a meeting the Board told us they would have the units insurance company evaluate the situation. As it turns out the owner and the association have the same insurance company. Months later we find out the Board put in a claim because the association's policy would pay on damages but we are paying for flooring, new bathroom and carpet for the unit and it seems to me that should be covered on the individual owner's policy not the associations. Would reporting this to the attorney general or the insurance commissioner’s office be beneficial, because this just seems wrong?
GlenL (Ohio)
Posts: 5,491
Posted:
Posted By KarenH3 on 01/27/2007 8:13 AM

It appears the claim should have been placed with the individual memebers home owners policy and not the assoications.


To start with are you sure you have all the facts of the matter, or are you going on information you heard from a third party source? I know from personal experience that most often the HOA rumor mill distorts the facts. If you feel you have the correct facts the first thing I would do is contact the BOD in writing and request the reason why it was submitted to the HOA's insurance and not the individual's insurance. Keep in mind that insurance companies don't just eagerly pay up, especially in today's business climate; they too must have felt it was their responsibility.

Studies show that 5 out of 4 people have problems with fractions
MikeS1
Posts: 668
Posted:
Need more info here. Condo policies are complicated. You might want to talk to your insurance agent or attorney. Some of policies pay for damages to the structure, but define the structure. Some are "Bare wall" policies, some establish the dividing line at the face of the studs where the drywall meets the studs and some policies are "single entity" coverage. Most Condo associatons should have very high deductibles and shy away from submitting small claims. The betterments and improvements coverage on the unit owner's condo should pick up (or be secondary ) where the master policy leaves off. Betterments/improvements might included drywall, appliances, built-ins, kitchen cabinets, counters etc. In our Condo association, the Association decided to just have the maintenance man take care of the small water losses (drywall and paint) and not charge anyone for the repairs. They also took on the responsibility of maintaining the toilets in order to save money on water bills and mitigate water damage due to poorly maintained toilets. Then the state of Virginia in 2003 enacted a law making a condominium unit owner responsible for a master policy deductible related to any loss arising from the owner’s unit, whether or not the owner’s actions or negligence caused the loss. The association deductible endorsement was filed in Virginia at the request of the Virginia Bureau of Insurance and was made available throughout the rest of the country on an advisory basis only. The Virginia law was subsequently repealed, but the endorsement remains on file there. In the meantime, AAIS is reviewing the issue of association deductible coverage as it prepares a comprehensive revision of its Homeowners Program. I'm no expert - See your insurance agent.
JeanneK (Maryland)
Posts: 12
Posted:
Our umbrella condo policy covers everything that came with the unit when it was new. That would include cabinets, fixtures, plumbing, floors, privacy fences, decks, etc. Pretty much anything that is nailed down is covered by the umbrella policy and everything that moves (furniture, paintings, computers, personal property) is covered by the unit owner's policy. You're lucky the same company had both policies. That way you don't have two different companies fighting over who pays. In the case that was described above, I believe it is appropriate that the claim be paid by the umbrella policy.
CynthiaD (Nevada)
Posts: 20
Posted:
Good answers, Glenn I agree with your comments.

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