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PaulJ6
Posts: 990
Posted:
Is it normal for homeowner properties that a HOA rebuilds, with proceeds from its insurance policies, to take a really long time following damage?

I own a unit in a multifamily building. Nothing fancy: a modest rental property. In early summer of 2019, a tree fell on the building, destroyed my unit and significantly damaged the building. (The landscaper may have done something to contribute to this.)

The HOA's governing documents say that the HOA must maintain insurance and repair common elements (and any excess insurance proceeds go towards rebuilding owner elements).

So in 2019, the HOA hired a consultant to handle this project. The HOA and the consultant have been working with the insurer.

Only in December 2019 were permits applied for and a scope of work given to us. Construction hasn't yet started, and it's been 7 months.

I am told that it may take many more months, and perhaps until late 2020, for this work to be done.

Other owners of units are ticked and are blaming the consultant.

I figure that (1) dealing with an insurance company, (2) dealing with a HOA board and (3) dealing with construction companies each takes a while. But no work being done for 7 months and counting, with rain and snow now continuing to damage the property, is getting to be a bit much. This may now be a year and a half with no income from the property (although insurance for lost rent will cover part of that period).

Anyone have experience with this kind of situation? If so, how long did it take for repairs to start and how long did it take for work to be completed?

Thanks.
SheliaH (Indiana)
Posts: 6,964
Posted:
“Really long time” is subjective (you may think it's taking too long, but it may be typical in situations like this). As you noted there could be several reasons for the delay like:

the insurance company (the association’s and perhaps a few more representing some of your neighbors), and you know how some will drag their feet in settling claims)

finding a good construction company (I hope this board is doing its due diligence in getting at least three bids for the work and you DO NOT want them to buzz through this)

getting permits, if necessary

possible haggling with the landscaper and/or its insurance, as you said they may have helped cause the damage.

And now that it's winter, you have to remember weather delays – you’re in New York State, which seems to have really foul weather this time of year.

If the board has already said work may not start until later this year, you and your neighbors deserve to know specifics, so continue to push for that. As for the lost rental income, that's unfortunate, but then again, I’m told this is why many landlords get rental value insurance to cover rent losses for a certain length of time. Check your landlord's insurance carrier to see if this can be added after the home is repaired.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
I think the only way to get things sped up might be to get a new board. Else while the board and insurer may seem to be plodding, I doubt a violation of the governing documents, statute, court precedent or the HOA's insurance contract is happening. After all, progress is happening. Granted I would be furious as well. I think of friends who have had non-HOA home-destroying damage, like full interior flooding. The check from the insurer was in hand promptly. Arranging for contractors was up to the individual. As is often repeated here: When one buys into a condo, one cedes such control to a far less interested board. What Paul is going through here appears to me to be one hard lesson.

Like Shelia said, maybe the only recourse is for the future: Have better insurance on one's rental unit.

Maybe I would be a little grateful that I did not live in the unit and so be forced to be living somewhere else, in part 'out of a suitcase.'
LaskaS (Texas)
Posts: 1,025
Posted:
You might ask the board if you can take the scope of work they created for the rebuild and get other bids. You may find another contractor that can do the work much sooner. The length of time the board said it would take seems way way too long. It does take a long time for insurance etc.. But now it seems that the insurance has been taken care of and there are permits pulled. See if you can get the board to approve you getting other bids which will include a faster timeline.

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