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LanaC (Arizona)
Posts: 6
Posted:
Our Condo's are getting older and pipes in the top floor that are hidden from sight are breaking causing water damage to the apartments below.
Insurance is saying the HOA is responsible for the top floor only and the units below are responsible for their own units. Our CC&R's state if the pipes are sevicing the individual units then it is their responsibility. My question is "What are other Associations doing about water damage insurance in older complexes"? Can we send letters advising each unit owner or requiring them to get water damage insurance. Our insurance deductible is $10,000.00. Our reserve fund is just starting to build up and we need to cover our HOA association from further incidents. Does anyone have any suggestions? There are no umbrella policies out there so we need some advice.
MikeS1
Posts: 668
Posted:
Need more info - What state? What form of insurance coverage? All Risk? Name peril? I thought that most Condo Docs define a boundary. Ie - 1 - The face of the drywall, 2 - the intersection of the back of the drywall where it meets the studs, 3 - the unfinished surface of the drywall, etc. I thought that the insurance policy usually folowed the docs in terms of "insurance interest". A lot of times, a lot of the insurance companies and COAs also just say that if the water discharge came from a pipe that just services the individual unit (regardles of the negligence issues), the unit owner where the defective pipe is located, is responsible. Then if it's a pipe that services generally many units, then the condo association's policy pays for the damage. The fixtures or permanant structures within the condo like kitchen cabinets and another other structures may be covered on the individual unit owner's coverage under betterments and improvements. "Insurance is saying the HOA is responsible for the top floor only"? This makes no sense - Need more info.
LanaC (Arizona)
Posts: 6
Posted:
Mike , I will look at the Insurance doc.s and will get back to you.

It is Arizona and I am confused with what each insurance agent is reporting. It seems like no one wants to take responsibilty.
MikeS1
Posts: 668
Posted:
Another thought - Insurance companies are regulated by the state governments and you should be able to file a formal, written complaint through the State. Make sure that you put everything in writing to the Board/COA and the Insurance Company; but if you feel that you're up against the wall without recourse, then file a complaint through the Arizona Dept of Insurance. See link. http://www.id.state.az.us/

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