Who Pays for Damage: Vendor or HOA?

Started by BobM5 • 4 replies • 1844 views

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BobM5 (California)
Posts: 34

Posted:

Homeowners are responsible for their windows. The HOA is responsible for landscaping. If a tree trimmer hired by the HOA damages a homeowners window, does the homeowner go after the tree trimmer or the HOA to collect for damages?

GloriaM (North Carolina)
Posts: 829

Posted:

The tree trimmer, all contractors hired by the HOA should be insured for this type of accident.

JoeW1 (New York)
Posts: 728

Posted:

BobM5 - The damage is the result of an error by a contractor of the HOA. The Management Company, if there is one, should be notified by the owner. In the absence of an MC, the Board President should be notified. What should happen is that the window is immediately fixed by the HOA Board. Reimbursement for the damage should come from the HOA contractor that caused the damage.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The vendor should pay for the damages. However, the bill for the repair should be given to them by the HOA. The owner should contact the HOA or MC and give evidence and estimated cost of repairs. Since the HOA hired the contractor, the contractor should pay the HOA for any damages they did in the course of their work. The HOA should NEVER hire a contractor that is NOT licensed and insured. Most likely the Contractor's insurance will cover the claim for them.

Our HOA is ONLY responsible for landscaping as well. I had a tree company come in and cut down trees. One of the houses while grinding a stump, they cut the cable and phone service for the house next door. I (President) called the tree trimmer and let them know. They then called the cable company and phone to have emergency repairs. They were out the next day. The contractor paid the bill of the repair. I just had to notify the owner of the inconvenience.

It's wise to pick out good contractors. A HOA can NOT guarantee the speed of repairs. They also can NOT take out or forgive any dues amounts for the inconvenience. For example: No phone service for a day. You don't forgive the owner $10 in dues because of the inconvenience. They still have to pay the full dues. (Advice just in case someone tries it).

Former HOA President

BobM5 (California)
Posts: 34

Posted:

Thanks, Everyone, for the input.

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