Forcing deductible

Started by EveR • 5 replies • 1773 views

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EveR (Colorado)
Posts: 3

Posted:

As owner of a condo unit of 11 units, the HOA, via the Maximum property management company sent us a letter stating that I had to pay $1000 deductible to the HOA since they paid the bill of approximately $1300. The reason being that my toilet leaked and supposedly damaged the ceiling of the unit below me. All Phase Restoration charged $415 for a full service asbestos survey amongst other work. I was not given the chance to assess the damage before or after the work was done. I don't really know if the damage was caused by me and if it were, the HOA did not give me a chance to hire my own contractors. The HOA stated that the work was an emergency and had to be done right away. However, the damage was not in need to be repaired immediately and could have waited until I could find my own contractor. The HOA gave me no written statement about the damage. I believe that the owner in the unit below me, who said I caused the ceiling damage wanted the repairs done quickly because she is selling it and wanted the ceiling to look good. I have the Colorado Common Interest Act that says The HOA has to give me time to make inquires about the claim. If this goes to court do I send the claim to the HOA or to Maximum management? Is there a possibility that I am responsible for the deductible? Please reply soon since the HOA has given me 15 days to respond and will charge me interest if the response is not timely.
Thank you,
EVE

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Eve

Bottom line is your toilet did overflow and damage the unit below.

Personally, I would not put up with a soaked ceiling for more then about 10 minutes. I would have it repaired ASAP and then go after whomever. The HOA and/or you.

I say be glad to be out from under the whole issue for $1,000.00. I would pay and then file a claim with my insurance company.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Eve,

Typically, the property damage provisions of your own homeowners policy are to cover instances such as this - damage to someone else's property.

JonD1
Posts: 2,350

Posted:

This situation raises many questions for me.

Why would the HOA make a claim under their policy?
Why would you put through a claim for a total of $1,3000 when you have a $1,000 deductible?

Why was it necessary to do a asbestos testing? Who authorized that cost.
So does that leave $900 in actual damages?

IMO this was mishandled by the HOA and the OP.
A leaking toilet coming from the unit above does IMO constitute something that needs to be addressed ASAP. Not while the person responsible shops for a contractor they approve of.

If someone hits your car do THEY get to decide where the repair work should be done?

Is this an older property? Is there in fact asbestos in the building? What was the outcome of this testing? Were you provided a copy of the test results?

If the toilet was in fact the cause how did they make the repairs? Did they have access to the unit above? If it was the cause the owner or OP or their insurance should have covered the cost of repairs. NOT the HOA or their insurance.

If a similar situation we provide contact information for both owenrs and then they work out the details of repairs and who covers those costs.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jon

We can agree to disagree on the ASAP.

What I am saying is not in the docs, the insurance policy, etc., it is just me. If it bugs me, I want it gone, off my plate, etc. no matter the responsibilty/cost. We will discuss responsibility/cost later and I am willing to pay for my impatience/mistakes.

Patience....hell....let us make something happen now.

I also think the OP paying $1,000.00 to make her problem (it was her toilet that screwed the pooch) go away (even if she can collect later) is not a bad price for "flodding/screwing" up my bathroom ceiling, especially if I am trying to sell my place.

My wife often says that I can be a procrastinator and/or anal and sometimes on the same subject. I think I agree with her.....LOL

LarryB13 (Arizona)
Posts: 4,099

Posted:

Eve:

Was the toilet leaking inside your unit or were the pipes leaking in the space between your floor and the ceiling below?

If the toilet was leaking inside your unit and you knew it, then I'm not sure whether you have grounds to complain about repair costs. Since the damage was done to the other person's property your contractor would have no access to that unit without the owner's cooperation.

If the leak was in the pipes between the units, I thought that would normally be the condo association's responsibility.

Did the contractor come into your unit and do any repairs to your toilet? If your toilet and not the pipes below was leaking before and not repaired, then it was a waste to repair the ceiling because it will get damaged again. If the pipes were leaking then there would have been no need for them to come inside your unit.

Do your CC&R's address who is responsible for pipes between units?

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