Dispute with HOA

Our Condo at the 3rd floor in August 24-2019. our washer brook We didn't have any flooding or any leak in our unit or any other damages. 2nd floor had water damages everywhere Family room, Kitchen. bed rooms, Bathroom. Hall. just everywhere. went to the first floor. Repair was done to both unit on September 3rd. There was no investigation was done in our unit neither Adjuster visited our unit. after 6 month I received a letter from the Association claim of damages for both units I requested proof of damages that was cause from my unit proof of payment and a meeting with the board several time. the HOA carry the master policies. I wasn't aware the master policy didn't cover the inside of the unit. by reading the By Low. stated it's the duty and responsibility of the association to make sure all policies are enforced at all time and should be reviewed every two years to make sure they in place. if the owner does not carry the personal policy notes should be sent to the owner and if the owner field the Association have the right to perches the policy and pill the owner.
in 15 years the policy was never reviewed the Association field to review any policy and field to enforce any policy. on November 2019 in the same building another condo had burst pip that damage three units. this is the only time they start enforcing the policies. after 6 month they sent me claim of the damages for both unit.they are not able or refusing to sent me any proof that damages is from my unit. they are not responding to my request to have a meeting for hearing with the board and they are not giving any proof of damages was done from my unit. I requested the actual pills and payments. the only things I received is the Adjuster assessment and proposal but not the Adjuster report which I requested.I don't understand how uninsured could be cause of the damages. even if I had insurgence at the time of the incident they still require by low to provide all evidence before any payment made. the Boards made there determination and decision without any proof. the notes I received for the claim of damages is base on uninsured at the time of the indecent. I sent a certify letter requesting again proof of damages. proof of payment and a Board hearing before I submit any payment. they send me a certify letter threatening me by placing a lien if I don't pay by March 10-2020. I am trying to work things without any Attorney.And the most important thing is the first floor is the president of the HOA. in August the same date she requested her deductible. I refused to pay unless she provide me with proof. I know it's conflict of interest at the same I know for fact she's behind all this trouble.
I feel this is harassment and abusive of power. They denying my right to have a hearing and dispute the charges based on no evident or any proof that damages was done from my unit.

Please let me know if you have any advice.

Thank's
Rasmia

When I moved into my 2 story house, I had the hose to the upstairs bathroom burst at the tank. There was no flooding or little in my bathroom. I had quickly turned the water off and thought everything was okay. Went downstairs to find water dripping from my living room ceiling and entry way. The water had leaked between the floors. My upstairs piping is right above the front door/entry area. However, the water had leaked to the upstairs bedroom which is carpeted above my living room. So did not see any water on my end upstairs.

Water always flows down hill and down. So I can understand how your 2 neighbors below you got water damaged and you did not experience any. Doesn't mean it did not happen. Your homeowner's insurance and theirs should have been duking it out. They should have made a claim on their insurance policies to collect on yours. So don't know why this did not happen. Sounds like everyone went to the HOA's insurance company instead. So I'd suggest calling your insurance agent immediately to duke it all out.

It is your fault whether you saw any damage in your unit or not. This is why we have insurance. They make washer/hot water heater shut off alarms. May want to check those out. Plus pressure hoses for washers to prevent bursts hoses. I got one for my toilet.

Have your attorney send letter for requests via “Certified Return Receipt”. While they may ignore your requests if they ignore attorney requests sent whereby they had to sign for the letter they would have a hard time in a court of law explaining not providing the documents when they signed acknowledging receipt of the letter.

Janet the OP is on floor above. Their washer broke but saw nothing on their floor. However they seem to indicate floors below did. The repair may not been needed on their floor. My house my pipe is leaking on second but access is on the first.

Melissa ... The OP noting the washer breaking has ZERO to do with any other water PIPES. 2+2=4 ... If a washer broke the water would come from the washer and not any piping within the units. The OP would definitely have seen water on their floor under the washer. Sounds more to me like the unit below is actually having the issues and trying to blame the unit above.

Also is a big RED FLAG when the HOA has not supposedly provided proper reports to an Owner they are assessing.

Here is the way it works.

Texas state law (Uniform Condominium Act) requires the association to get insurance on the units. I doubt they can get insurance unless it has this coverage for the units. I am going to assume they have insurance on the two units below you.

However, the association's insurance probably has a large deductible, which is typically in the range of $2,500 to $10,000. They probably want you to pay the deductible.

Also, the association's insurance will not cover personal belongings that were damaged, such as clothing, rugs and furniture. The President may or may not want you to pay for that as well.

However, you may not owe them a dime.

In general, you do not have to pay for anything unless you actually did something wrong, in other words negligent. Even if your washer leaked down to the other floors, you do not have to pay for anything unless you were negligent. Did you know the washer was leaking and failed to correct the situation promptly? If so you are probably negligent. If not, then you are probably not negligent and do not owe them anything.

Can you describe the situation with the washer? What leaked, and when and how was it fixed? Did you know it was leaking and when?

Did you have a repairman fix your washer who can provide a report to the board?

Did you have insurance at the time of the leak?

I will try to post more later if I get the time.

You seriously don't know this?

here is a quote from a California law firm. It is from the point of view of an association's liability, but also applies to a condo unit owner.https://www.davis-stirling.com/HOME/Negligence-Defined
"Many homeowners mistakenly believe that their associations are strictly liable for any damage or loss they may suffer even if the HOA was not the cause of the loss. For example, a plumbing leak damages an owner's unit does not automatically make the association liable for the damage. The standard for HOA liability is negligence (unless the governing documents establish a different standard)."

the first notes I received,
The headline of the notes- leak from the washing machine,
The association determined you are responsible for the following damage, according with section 82.111 of Texas property code. as such demand i hereby made for the payment of the Association expenses.
and the amount they requesting.the two unit have insurance. I didn't have insurance. the washer brook on Saturday evening at 8-30 and was fixed Monday.we had warranty and sears wasn't able to find any one to come during the weekend, as I said we didn't have any leak in our unit or ant repair, a part of the washing machine brook and was replace on Monday.the first floor did requested her $500 deductible the same of the incident before any repair was done, I asked her to send me her bill and if I am responsible I will take care of the bill, she never proved any bill, and I refused to pay her, she complain to her insurance
her insurance send me a letter requesting payment to be made to her, she told the insurance I refused to fixed the washing Machine and the Association find me guilty this all happen within a week from the incident.the most important thing she's the president of the HOA, when I sent the invoice to the insurance and prove of the letter from the Association Association never heard from the insurance again.the most impotent is the first floor is the president of the HOA. I don't know if she's acting on her self or what.
Insurance report= read per our interpretation of the declaration I have included the breakout of the Association responsibility and the owner responsibility, the Association bill almost double.

This is kind of hard to follow. Took a few attempts. So the 1st floor owner is the President of the HOA. They had damage and had to pay their insurance deductible of $500. It appears you asked them to send you this bill/proof. Some kind of interaction must have occurred leading them to revisit their insurance company. Which made you say you would not pay. Was it because they did not provide "proof"?

So maybe they went to the HOA's insurance as part of their claims. Which if that is the case, then yes the money can increase. A HOA's deductible is typically much HIGHER than an individual's insurance. Our deductible was closer to 20K for our HOA. Just to give you an idea of how high they can go.

Sounds like the HOA determined your washer caused the damage and wants paid back for their expenses. Now I am not sure what the part is that was repaired. Each part can cause different results. The question is: Was the water ever turned off at some point? Where you home at the time to have caught it or were you notified by the neighbors?

Are you still going to say that because the HOA didn't enforce you to have insurance that is why you don't have any?

They are paying the deductible so that you will pay them back. Your on the hook for atleast the deductible. It's called "damages". You may not be paying for the repairs themselves as the insurance did that. You are responsible for paying the money they had to spend out of their pocket on the deductible. They owed the right to become "whole".

The HOA has more power than an individual as it can lien for the amount owed. Which when you try to sell the house you will find it is on there. It's also to be published in a public resource like a newspaper etc... Ours are published in the Wednesday edition in the classified area called "Legal notices". Liens are usually not kept private. It's just knowing the right resources to see them.

The owners could have sued you instead for their deductible. They felt it was stronger to invoke a lien instead. This is another reason to have insurance...