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JohnS62 (California)
Posts: 3
Posted:
Hi, I live in a 3 unit building and one of our water heaters, which are situated on the roof, recently broke and leaked into my bathroom through the electrical heater / vent. The HOA paid for the water heater replacements. Our HOA insurance covers the damage to my unit, but the deductible exceeds the cost of the repair and the HOA has voted that they are not responsible for the repair costs. Any advice how / if I can get reimbursed?
JamesP9 (Colorado)
Posts: 13
Posted:
1st check your governing documents. I would look at the declarations, it should state who's responsibility it is.

Next, I would contact your property manager or Board and find out who the general counsel is for the Association. A quick phone call to them could put the issue to rest.

If it is the Associations responsibility to cover the loss, and the deductible on the insurance is $5000 (for example), but the loss was at a cost of $3,000, then the Board should understand that they need to pay that bill "out of pocket." Just because it ins't a claim against the insurance policy doesn't automatically get the Association "off the hook."

However, if the documents are clear that the Association is not responsible for the interior of the unit then it will be the owners responsibility to pay for the repairs.

Hope this helps

BradP (Kansas)
Posts: 2,640
Posted:
John

if the water heater is the responsibility of the HOA then they are responsible for any damage caused by a faulty one. They have already demonstrated responsibility by paying for the repairs. Keep after them, if you have to small claims court is already an option, keep all correspondence on this issue. Look at it this way, your unit wouldn't need repairs if their water heater had failed.

With that make sure you check your documents to make sure the water heater is their responsibility.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I noticed the word reimbursing in your statement. Does this mean you have paid for the repairs and asked them to reimburse you the cost? Are you asking them to pay the whole bill straight out? That wouldn't be reimbursing.

Confused as you say they paid for the new water heater and replaced it. They won't pay for the actual damages inside your unit caused by the faulty water heater? Is that the situation. They won't pay because the cost doesn't come up to their deductible amount. Which kind of make sense. They are trying to avoid an insurance claim so they either won't lose their insurance or the rates going up. What they should do instead is have you fix the issue below the insurance deductible and then reimburse you for that cost. Maybe that would be the compromise.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
even if the cost is above the deductible they don't have to file a claim. if someone else damages your property fight for your right to get it repaired right...they have to be reasonable.
JohnS62 (California)
Posts: 3
Posted:
Thank you all for your suggestions and comments. We are still trying to resolve this, but the HOA board still holds that the common area does not include the space between units? My insurance doesn't cover it, and the HOA insurance does. Doesn't that mean the common area is a responsibility of the HOA?

We've tried to discuss this with them and I have an email from the HOA president stating that the HOA has agreed to pay for the repairs, but this was overturned in the HOA meeting two days later when they voted against it. They defended that the HOA is not responsible for any repairs to individual units that are caused by wood destroying organisms, which they decided includes mold. I've already had it repaired and there was no sign of mold.
BradP (Kansas)
Posts: 2,640
Posted:
how much were the repairs?
JohnS62 (California)
Posts: 3
Posted:
$1200.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

From what you say, I understand the following:

1. A common element (HOA owned, hot water tank on roof) leaks.
2. The water from the leaking tank causes damage in your unit.
3. You pay $1,200.00 to have the damage in your unit repaired.

Insurance minimums aside (yours or theirs), I say they should pay for the damge that "their, ours really" tank caused.

Hope this helps.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Personally, I would have turned it over to my insurance company and let them deal with the Association's insurance company.
I pay for my insurance so I don't have to deal with this stuff.

However, it appears that JohnS chose to deal with the Associations insurance directly.
MichelleC7 (California)
Posts: 108
Posted:
I personally like the idea of your own insurance dealing with it but heed my warning.

Last year my flooring was damaged by a leak caused by one of our vendors. That was never disputed.. what I did was contact my insurance who willingly jumped and paid out thousands of dollars to fix the flooring.

Issue? It took the "other guys" insurance 6 months to cough up money. My insurance actually DROPPED my policy and would not let me renew despite the rreimbursement finally happening, it exceeded their time they were willing to wait for payment. They felt I was too hgih of a liabilyt to carry.. Thanks Allstate.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
but this was overturned in the HOA meeting two days later when they voted against it.


I would simply file a claim with the HOA insurance company. Who cares what they voted.
BradP (Kansas)
Posts: 2,640
Posted:
i would go to small claims court
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
i would go to small claims court


Submitting a claim is much easier.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By SteveM9 on 11/15/2012 6:28 AM
i would go to small claims court


Submitting a claim is much easier.

sure it is but if you read the OP the deductible is higher than the claim and the board refuses to pay for it...therefore filing a claim isn't an option.

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