HOA Claim

AngelA1 (North Carolina)
Posts: 13

Posted:

We had a house damage that is covered by the HOA insurance policy(insurance company had completed its investigation). HOA is reluctant to submit the claim. It has already been a few weeks since they were notified. Just wonder anybody can advise what we should do in this case.

AugustinD
Posts: 5,144

Posted:

I would ask the HOA manager what the status of the claim submission is. If any Board member invites direct communications with him or her, then I would contact this board member, asking for the status of the submission. Some HOA boards are notoriously slow, especially if they do not like a member.

SheliaH (Indiana)
Posts: 6,964

Posted:

You might also notify your insurance company and let them know what's going on (give them names and dates of when you contacted the association). From there, it may be enough to let the insurance companies duke it out. Start keeping track of all your contacts (dates, times, who you talked to, etc). You may want to send follow up emails summarizing your conversations to the association property manager and the board itself and save them (in case this escalates, you'll have proof you did your due diligence).

By the way, how do you know the association is reluctant to file the claim - it may be the association's insurance company is dragging its feet (in which case it may be helpful to get your insurance involved).

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

AngelA1 (North Carolina)
Posts: 13

Posted:

Thanks Shelia!
Unfortunately, our own insurance does not cover this damage. So it is our responsibility to work with HOA and HOA insurance company. HOA insurance company told us their policy cover this damage but HOA needs to submit the claim for them to proceed. HOA was notified about this a few weeks and they still have not done anything yet. We are following up with HOA consistently. That's why we think HOA is reluctant to submit the claim.

AngelA1 (North Carolina)
Posts: 13

Posted:

We don't have the contact of any board member. The HOA property manager does not replay to our emails/phone calls.

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By AugustinD on 07/02/2018 8:07 AM
I would ask the HOA manager what the status of the claim submission is. If any Board member invites direct communications with him or her, then I would contact this board member, asking for the status of the submission. Some HOA boards are notoriously slow, especially if they do not like a member.

Thanks Augustin. We don't have the contact of any board member. The HOA property manager does not replay to our emails/phone calls.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

See if the state maintains filed info on the HOA - most states have some form required to be filed each year that has various info, including officers' names and contact info.

Do you not live in the same area? If you know the presidents' or others' names, why not walk up to their door - and if that fails have registered letter delivered?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Angel

It would take my BOD several months before we got around to such a claim as we only meet every few months (yes we can Email) and we would want to talk to out insurance agent before we submit to see if it would be better for us to pay it rather than start a claim and lastly, it would not be a high priority.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Angel,

If you know the names of the Board members, expecting that they are members of the Association and you're not under declarant control, you can get the contact info though property records. This will provide you their address and you can send letters directly to them.

Another option, if your Association is incorporated(most are), is to see if the annual report to the States corporation commission is online. This report provides the contact info you need.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our HOA only met 1 time a month. So it would be appropriate that it could take a month to a few months to work things out. Not that we are "dragging" our feet. It's just when we get together to make a decision.

What kind of damage is it that the HOA would be responsible for your own insurance doesn't cover out of curiousity?

Former HOA President

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By JohnC46 on 07/02/2018 2:29 PM
Angel

It would take my BOD several months before we got around to such a claim as we only meet every few months (yes we can Email) and we would want to talk to out insurance agent before we submit to see if it would be better for us to pay it rather than start a claim and lastly, it would not be a high priority.

Thank you John. Unfortunately, in our case, we cannot move back to the house before the repairs are done. Insurance only reimburses hotels up to a few weeks. In this case, do we pay out of pocket for the cost for the rest of time that is not covered by the insurance? A few months seem very long, especially given our situation(we need to find other places to live).

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By TimB4 on 07/02/2018 2:51 PM
Angel,

If you know the names of the Board members, expecting that they are members of the Association and you're not under declarant control, you can get the contact info though property records. This will provide you their address and you can send letters directly to them.

Another option, if your Association is incorporated(most are), is to see if the annual report to the States corporation commission is online. This report provides the contact info you need.

Thank you Tim! will check that. Thanks!

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By MelissaP1 on 07/02/2018 3:26 PM
Our HOA only met 1 time a month. So it would be appropriate that it could take a month to a few months to work things out. Not that we are "dragging" our feet. It's just when we get together to make a decision.

What kind of damage is it that the HOA would be responsible for your own insurance doesn't cover out of curiousity?

Thanks you Melissa. It is sewer caused damages. Our insurance does not cover that as it is shared with neighbors, I guess so?

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By GeorgeS21 on 07/02/2018 1:52 PM
See if the state maintains filed info on the HOA - most states have some form required to be filed each year that has various info, including officers' names and contact info.

Do you not live in the same area? If you know the presidents' or others' names, why not walk up to their door - and if that fails have registered letter delivered?

Thank you!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What does your HOA say about inside walls? The sewer issue can be different entity outside the HOA altogether. Does the HOA pay for sewage or water? I ask because what if it could be a city thing? Plus what is causing you not to be able to move back in?

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

May I also ask why the HOA's MC or even any member of the HOA was not involved in the investigation of your issue? Seems kind of strange not to have a HOA representative present. They should have been the one's to have originally contacted the insurance to come out to investigate. So seems there was a step missing here?

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, I’m not seeing anything from Angel I except thanks ...

Angel - what have you done about this?

PatJ1 (North Carolina)
Posts: 568

Posted:

AngelA1,

What type of housing? Single family, condo, stacked condo? Was the sewer issue in the common walls or on outside common property? Has the sewer issue been repaired? What repairs were you filing under your insurance, interior?

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By JohnC46 on 07/02/2018 2:29 PM
Angel

It would take my BOD several months before we got around to such a claim as we only meet every few months (yes we can Email) and we would want to talk to out insurance agent before we submit to see if it would be better for us to pay it rather than start a claim and lastly, it would not be a high priority.

It would not be a high priority? Why not?

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By AngelA1 on 07/02/2018 3:40 PM

Posted By JohnC46 on 07/02/2018 2:29 PM
Angel

It would take my BOD several months before we got around to such a claim as we only meet every few months (yes we can Email) and we would want to talk to out insurance agent before we submit to see if it would be better for us to pay it rather than start a claim and lastly, it would not be a high priority.

Thank you John. Unfortunately, in our case, we cannot move back to the house before the repairs are done. Insurance only reimburses hotels up to a few weeks. In this case, do we pay out of pocket for the cost for the rest of time that is not covered by the insurance? A few months seem very long, especially given our situation(we need to find other places to live).

Your insurance is paying for lodging for an occurrence they don't cover the damage of, or you have been told the master policy will reimburse you for lodging?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JenniferG11 on 07/03/2018 2:46 AM

Posted By JohnC46 on 07/02/2018 2:29 PM
Angel

It would take my BOD several months before we got around to such a claim as we only meet every few months (yes we can Email) and we would want to talk to out insurance agent before we submit to see if it would be better for us to pay it rather than start a claim and lastly, it would not be a high priority.

It would not be a high priority? Why not?

I said that as I was under the belief it was a simple reimbursement issue but the OP has raised the issue of living in a hotel, not in the house. Under the new information, it would become a priority.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Again why was the HOA not contacted FIRST? The typical process is to contact the HOA and your own insurance. The HOA representative or even in some cases a MC representative should have come out FIRST. They then should have looked at the situation and then contacted the insurance. NOT you. It's not your insurance.

So going to call this as your HOA is dragging it's feet because (forgive pun) they smell something funny. I would to if had a member go to the HOA's insurance without contacting me/HOA first. If I don't see it first hand, then going to have an issue swallowing the issue. Plus the HOA really needs to evaluate IF it's their issue or not to be involved. They were NOT given that opportunity to take that step if you already went and contacted the HOA's insurance.

Plus it's kind of strange your insurance isn't paying this out and then contacting the HOA's insurance to pay them back. Many times this becomes something your insurance covers and then goes for the other insurance company for reimbursement. Finding it a bit strange the insurance is like "Hey we will pay for your housing but buck stops there".

We had a tree fall on a house from a neighbor's yard. The tree was rotten. The owner who had the tree in their yard did not have insurance. The house it fell on did. The HOA had insurance. The damage took out the fence between the homes and then damaged the roof of the kitchen. The HOA's responsibility? It was to clean up the tree debris. The homeowner's insurance covered the roof damage. The fence was not ours. The insurance then went after the homeowner with the tree.

If the HOA had not evaluated the situation first, then the homeowner was going to file a claim against our insurance. Which would have raised our rates and/or gotten it cancelled. Plus our deductible was extremely high to pay. Like 15K deductible. It's NOT like your home insurance.

So your HOA needs to be involved from the beginning. It may cause them to have a special assessment. Dues may have to raise to pay the new insurance rate. They may work a deal with you to fix it without going through insurance if the deductible is too high.

The way I see it, you jumped the gun way before the HOA was ready to handle the situation. So contact them and make sure they are involved now. Accept the fact it may not be their responsibility as it may not be. It sucks but sometimes not everything is covered by someone else.

Former HOA President

JenniferG11 (Texas)
Posts: 667

Posted:

It's hard for me to imagine no way to contact board members, but in such a case I would be talking to someone higher up at the MC.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The MC works for the HOA. The HOA is the one that is to make the final decision. Not finding a HOA board member BEFORE contacting the HOA's insurance is a big no-no. NOT saying anything crooked is going on. It's just it doesn't sit well. Which then can add more time to the decision making.

Think of it this way... Your neighbor contacts your homeowner's insurance to place a claim they feel is your fault. You don't know anything about it or even viewed what they are talking about. Now your expected to make a claim on your insurance to pay them for the damages because their insurance isn't covering it. What is your reaction or expectations?

Former HOA President

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By MelissaP1 on 07/03/2018 5:12 AM
The MC works for the HOA. The HOA is the one that is to make the final decision. Not finding a HOA board member BEFORE contacting the HOA's insurance is a big no-no. NOT saying anything crooked is going on. It's just it doesn't sit well. Which then can add more time to the decision making.

Think of it this way... Your neighbor contacts your homeowner's insurance to place a claim they feel is your fault. You don't know anything about it or even viewed what they are talking about. Now your expected to make a claim on your insurance to pay them for the damages because their insurance isn't covering it. What is your reaction or expectations?

I'm referring to the specific circumstances of the OP, who has no way to contact the BOD, and I never said anything about any homeowners placing claims, just that I would also contact them myself if I felt the need to.

In fact I did email our rep with a question about the master policy and no one seems bothered by that at all. The CAM didn't know the answer, I figured I would save her the trouble of being the middle man, and make sure my question was properly relayed (by myself), and so I could ask a follow-up question.

Again, NO ONE was bothered my this. Not the agent, not the CAM, not the board. It was a simple question about our coverage that I have every right to know.

I completely disagree that OP merely asking 'is this covered?' is a 'big no no'.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By AngelA1 on 07/02/2018 7:36 AM
We had a house damage that is covered by the HOA insurance policy(insurance company had completed its investigation). HOA is reluctant to submit the claim. It has already been a few weeks since they were notified. Just wonder anybody can advise what we should do in this case.

Send a letter to the HOA via “Certified Return Receipt”. When they have to sign for it they will know you are tracking when they received and response time. You also might talk with an attorney and have the attorney send a letter.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What are you talking about Jennifer? The OP did not ask "Is this covered?" to the HOA's insurance company. They posted they had the HOA's insurance agent come and take an assessment. That is the No-No. You don't contact the HOA's insurance on your own or act as a "Middleman". The people responsible are the HOA board to do that.

I am not saying anyone would be upset over this. However, it could upset the apple cart by circumventing the HOA's responsibility of contacting the insurance company. Skipping this step can make a real difference on how things are handled. It can slow it down or mess things up royally.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By AngelA1 on 07/02/2018 7:36 AM
We had a house damage that is covered by the HOA insurance policy(insurance company had completed its investigation). HOA is reluctant to submit the claim. It has already been a few weeks since they were notified. Just wonder anybody can advise what we should do in this case.

Anything you submit shoud be via “Certified Return Receipt”. This way they know you have sent a letter, which they received (and signed for such reciept) and then can be traced via any potential court case. Most all legal documents need to be sent via “Certified Return Receipt” to insure who sent when and who received when ...

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By MelissaP1 on 07/03/2018 2:54 PM
They posted they had the HOA's insurance agent come and take an assessment.

I'm not seeing where Angel said that. Only that the insurance company said this type of damage is covered.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is in the very first post (Insurance did their assessment). Which was the HOA's Insurance did. The problem is that the HOA insurance should been contacted by the HOA or even their MC if they are responsible for such things. The issue is not covered by their own homeowner's insurance. They want the HOA's insurance to cover what their insurance isn't.

They say it's a sewage thing. That can be a bit tricky. It's hard to determine who is responsible. Let's say the homeowner's child threw a toy down the toilet. It clogged the sewer pipe causing it to back up. That then goes all over the floor/walls. It then causes mold and other issues. Now do we say it's the HOA's responsibility that the sewer pipe backed up? Is the HOA doing regular maintenance on the sewage? Is the owner allowing or not allowing to do said maintenance? Did they notify the HOA of any recurring sewer issues? Is the pipe damaged during construction?

See all these questions? Someone with the HOA needs to be involved ASAP and no one act like the middleman.

Former HOA President

AngelA1 (North Carolina)
Posts: 13

Posted:

we contacted HOA. They gave us the insurance information to contact.

Thanks.

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By MelissaP1 on 07/03/2018 4:36 AM
Again why was the HOA not contacted FIRST? The typical process is to contact the HOA and your own insurance. The HOA representative or even in some cases a MC representative should have come out FIRST. They then should have looked at the situation and then contacted the insurance. NOT you. It's not your insurance.

So going to call this as your HOA is dragging it's feet because (forgive pun) they smell something funny. I would to if had a member go to the HOA's insurance without contacting me/HOA first. If I don't see it first hand, then going to have an issue swallowing the issue. Plus the HOA really needs to evaluate IF it's their issue or not to be involved. They were NOT given that opportunity to take that step if you already went and contacted the HOA's insurance.

Plus it's kind of strange your insurance isn't paying this out and then contacting the HOA's insurance to pay them back. Many times this becomes something your insurance covers and then goes for the other insurance company for reimbursement. Finding it a bit strange the insurance is like "Hey we will pay for your housing but buck stops there".

We had a tree fall on a house from a neighbor's yard. The tree was rotten. The owner who had the tree in their yard did not have insurance. The house it fell on did. The HOA had insurance. The damage took out the fence between the homes and then damaged the roof of the kitchen. The HOA's responsibility? It was to clean up the tree debris. The homeowner's insurance covered the roof damage. The fence was not ours. The insurance then went after the homeowner with the tree.

If the HOA had not evaluated the situation first, then the homeowner was going to file a claim against our insurance. Which would have raised our rates and/or gotten it cancelled. Plus our deductible was extremely high to pay. Like 15K deductible. It's NOT like your home insurance.

So your HOA needs to be involved from the beginning. It may cause them to have a special assessment. Dues may have to raise to pay the new insurance rate. They may work a deal with you to fix it without going through insurance if the deductible is too high.

The way I see it, you jumped the gun way before the HOA was ready to handle the situation. So contact them and make sure they are involved now. Accept the fact it may not be their responsibility as it may not be. It sucks but sometimes not everything is covered by someone else.

We contacted HOA first. They provided the insurance contact. Thanks.

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By JanetB2 on 07/03/2018 9:35 AM

Posted By AngelA1 on 07/02/2018 7:36 AM
We had a house damage that is covered by the HOA insurance policy(insurance company had completed its investigation). HOA is reluctant to submit the claim. It has already been a few weeks since they were notified. Just wonder anybody can advise what we should do in this case.

Send a letter to the HOA via “Certified Return Receipt”. When they have to sign for it they will know you are tracking when they received and response time. You also might talk with an attorney and have the attorney send a letter.

Thank you for your suggestion.

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By MelissaP1 on 07/03/2018 4:36 AM
Again why was the HOA not contacted FIRST? The typical process is to contact the HOA and your own insurance. The HOA representative or even in some cases a MC representative should have come out FIRST. They then should have looked at the situation and then contacted the insurance. NOT you. It's not your insurance.

So going to call this as your HOA is dragging it's feet because (forgive pun) they smell something funny. I would to if had a member go to the HOA's insurance without contacting me/HOA first. If I don't see it first hand, then going to have an issue swallowing the issue. Plus the HOA really needs to evaluate IF it's their issue or not to be involved. They were NOT given that opportunity to take that step if you already went and contacted the HOA's insurance.

Plus it's kind of strange your insurance isn't paying this out and then contacting the HOA's insurance to pay them back. Many times this becomes something your insurance covers and then goes for the other insurance company for reimbursement. Finding it a bit strange the insurance is like "Hey we will pay for your housing but buck stops there".

We had a tree fall on a house from a neighbor's yard. The tree was rotten. The owner who had the tree in their yard did not have insurance. The house it fell on did. The HOA had insurance. The damage took out the fence between the homes and then damaged the roof of the kitchen. The HOA's responsibility? It was to clean up the tree debris. The homeowner's insurance covered the roof damage. The fence was not ours. The insurance then went after the homeowner with the tree.

If the HOA had not evaluated the situation first, then the homeowner was going to file a claim against our insurance. Which would have raised our rates and/or gotten it cancelled. Plus our deductible was extremely high to pay. Like 15K deductible. It's NOT like your home insurance.

So your HOA needs to be involved from the beginning. It may cause them to have a special assessment. Dues may have to raise to pay the new insurance rate. They may work a deal with you to fix it without going through insurance if the deductible is too high.

The way I see it, you jumped the gun way before the HOA was ready to handle the situation. So contact them and make sure they are involved now. Accept the fact it may not be their responsibility as it may not be. It sucks but sometimes not everything is covered by someone else.

We informed HOA on everything, as far as we know.

AngelA1 (North Carolina)
Posts: 13

Posted:

Quote:

Posted By GeorgeS21 on 07/02/2018 4:36 PM
So, I’m not seeing anything from Angel I except thanks ...

Angel - what have you done about this?

HOA is reviewing it now.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By AngelA1 on 07/04/2018 12:53 PM

Posted By JanetB2 on 07/03/2018 9:35 AM

Posted By AngelA1 on 07/02/2018 7:36 AM
We had a house damage that is covered by the HOA insurance policy(insurance company had completed its investigation). HOA is reluctant to submit the claim. It has already been a few weeks since they were notified. Just wonder anybody can advise what we should do in this case.

Send a letter to the HOA via “Certified Return Receipt”. When they have to sign for it they will know you are tracking when they received and response time. You also might talk with an attorney and have the attorney send a letter.

Thank you for your suggestion.

If they continue to not take action after sending a “Certified Return Receipt” letter then potentially your next step would be to consult an Attorney and have the Attorney send a letter. If you have a Return Receipts for your letters will help the attorney because it will prove prior attempts to get the situation fixed.