Damage to property

Started by SW2 • 17 replies • 1039 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SW2 (Arizona)
Posts: 6

Posted:

Who would be responsible to fix damage to my property?

Recently a storm hit the area. The HOA hired I am assuming contractors to clean up. The contractor trucks drove over my lawn causing water flow damage and lawn damage.

AugustinD
Posts: 5,144

Posted:

Your HOA's Declaration or CC&Rs will discuss this. Inform your HOA management immediaately of the problem. Chances are (a) the HOA will have to fix the damage; and (b) the HOA will ask the contractor to fix it at the contractor's expense.

SW2 (Arizona)
Posts: 6

Posted:

Thanks.
I'll give them a call and see what they say

TimB4 (Tennessee)
Posts: 21,059

Posted:

Provide pictures so the Board/MC/Contractor can see exactly what you are talking about.

Of course, repairing the lawn is likely not an issue (any good contractor will do this).

Water damage, you will need to prove it occurred because of the contractor vs. simply by the storm.
Good luck with that.

SW2 (Arizona)
Posts: 6

Posted:

I have taken pictures as soon as I saw it. Also have a police report. Officer also took photos

Damage is also clearly visible in the area

CarlJ2 (Texas)
Posts: 194

Posted:

Best of luck, I hope the HOA does not fight you on it.

SW2 (Arizona)
Posts: 6

Posted:

Thanks I hope so too.

DouglasM6 (Arizona)
Posts: 724

Posted:

The contractor is responsible. You can use the HOA to go after them and possibly your home owners insurance.

SheliaH (Indiana)
Posts: 6,964

Posted:

Why would you file a police report? This doesn't sound like anything was stolen or vandalism.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasM6 (Arizona)
Posts: 724

Posted:

A police report is the best form of documentation there is. There is no way of knowing what direction this will go. If water is now cutting through the tire tracks and causing erosion that would otherwise not have happened, there may be a canyon in the yard very soon.

SW2 (Arizona)
Posts: 6

Posted:

Thanks for the replies.

I will try what you mentioned. Using the HOA and homeowners insurance to go after them.

I initially filed the police report to document everything. Officer said everything you said Douglas.

KerryL1 (California)
Posts: 14,550

Posted:

So, SW, who are you supplying your pictures and your written report/request to in your HOA?

SW2 (Arizona)
Posts: 6

Posted:

Not sure, I'm still in talks with the HOA

KerryL1 (California)
Posts: 14,550

Posted:

Sorry that I'm not understanding. What do "talks with the HOA" mean? With the board as a whole? Or the property mgr? Or a board officer, perhaps the president?

The procedure in my HOA when a vendor causes damage is that the Homeowner submits evidence of who did the damage, the bill to fix it, and a request for reimbursement to the board for inclusion on its monthly open meeting agenda.

Now, generally the Owner would speak with our PM and ask how to go about requesting reimbursement and the PM would advise the owner about what and to whom to submit materials.

DouglasM6 (Arizona)
Posts: 724

Posted:

And that's why I suggested the homeowners insurance. Way simpler than figuring out the exacts with dealing with PM, BOD, ETC...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You contact the HOA for them to contact the Contractor. That contractor is to have insurance before doing any business with the HOA. So the claim is to be on the contractor's insurance and NOT the HOA. The contractor did the damage and thus pays for the damage. Another reason why we required any contractor be licensed and insured.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Melissa,

If the contractor didn't respond, my claim would be against both.
The Association (who hired the contractor to do the work and, perhaps didn't provide adequate oversight) and the contractor. Let the courts sort it out.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By SW2 on 08/08/2017 7:17 AM
Who would be responsible to fix damage to my property?

Recently a storm hit the area. The HOA hired I am assuming contractors to clean up. The contractor trucks drove over my lawn causing water flow damage and lawn damage.

File complaint with your own homeowner's insurance and if they believe you have a case they can duke it out with the HOA insurance on any of the issues.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here