Can I sue?

Started by IreneA • 7 replies • 557 views

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IreneA (Texas)
Posts: 2

Posted:

My HOA has been aware of sewage damage twice in my unit and both times they claimed that my damages were not over $10,000 that the damages would be my responsibility. As of today the sewer backed up again in our building and now they send out a mitigation team and they found black spores in my baseboards in my bathroom in my vanity in parts of my bedroom, so they tore up my sheet rock 2 feet up pulled out my vanity so my question is can I sue for negligence? All three times I did submit pictures show the back up in my unit.

Thanks,
Irene

ChrisE8
Posts: 454

Posted:

I think you’d need to show that the HOA had a responsibility under its governing documents or another document to repair the damages before but didn’t fulfill its responsibility to fix things.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can always sue but your only going to get what your damages are. I Would make the insurance claim and follow the insurance route instead.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

It's very common that owners are responsible for the deductible in an association's master policy - $10,000 is a typical deductible in condo associations. So I assume that's what the $10,000 figure is.

Many CC&Rs specify that HOAs and COAs are responsible for maintaining the common elements and owners are responsible for maintaining their own property.

I personally have dealt with damage and mold resulting from water intrusion that started in the common elements (roof, common plumbing pipes, and improper grading around my unit). In each case, the association corrected the issue in the common elements, but I was responsible for all interior repairs since all of these were maintenance issues.

Yes, anyone can sue anybody else for any reason. Whether or not you win your case is a different question. You need to be sure of your facts and where you stand, otherwise you may end up with legal bills on top of repair bills. I'd start with my insurance agent to see if my homeowner's policy covers the damage and let the insurers fight it out.

SheliaH (Indiana)
Posts: 6,964

Posted:

I concur with what's been said so far. Contact your insurance company and let them duke it out with the association master policy - that's why you have it.

However this ends, it may be a good idea for you to add sewer and water backup damage to your insurance policy. It's usually not a part of a standard homeowners' insurance policy, but can be very useful in situations like this.

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:

Quote:

Posted By IreneA on 01/31/2021 9:26 PM
My HOA has been aware of sewage damage twice in my unit and both times they claimed that my damages were not over $10,000 that the damages would be my responsibility. As of today the sewer backed up again in our building and now they send out a mitigation team and they found black spores in my baseboards in my bathroom in my vanity in parts of my bedroom, so they tore up my sheet rock 2 feet up pulled out my vanity so my question is can I sue for negligence? All three times I did submit pictures show the back up in my unit.

I really do not agree with the other responses here. I think a sewer line backup is extremely serious. I am concerned your Board is not taking pro-active measures to stop its recurrence.

If you have a few thousand dollars to spend on an attorney, then I recommend you consult one. You likely will not get this money back. But the attorney may be able to get some of the repairs paid for and help ensure the sewer line backups do not recur.

Where I am, shopping around for an attorney, even when one has a few thousand dollars to spend, is not fun. But I think hiring an attorney would relieve a lot of the stress of this quite serious situation and get you the best answers and best resolution.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Irene

I say file a claim with your insurance company and they will subrogate with the association. Subrogation is a term describing a legal right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured.

People do not like filing insurance claims on their own insurance, especially when they think they are not at fault, but the proper procedure is to start there.

IreneA (Texas)
Posts: 2

Posted:

Thank you everyone for your response. The 10K is the HOA deductible, I put in a claim on the first time and the HOA gave me my $500 deductible since they are responsible
for the sewage, when it happen again the same response came back since your damages are under 10K will put it on you. My only concern is that they never sent in a mitigation team the 1st or 2nd time and if they would of sent one on the 2nd occurrence they would of found the black mold but they didn't, I didn't want to put in another claim again 1 yr later after my policy doubled from the last claim. I have a claim in now for this last incident and my insurance is going to subrogate since the HOA is responsible, they are paying for the mitigation and the rebuild in my unit (HOA) since they were aware of this issue and happening 3 times. The HOA finally had a plumber come with a camera and there is major work that needs to be done,
it is really a shit show here... LOL

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