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BrianF3 (Massachusetts)
Posts: 2
Posted:
I'm on the board of a condo association in MA. We are trying to figure out how to handle a repair cliam for unit damage due to leakage/condensation of a dryer vent pipe. While this is a small claim, we want to ensure we set the right precedent for future claims and boards. Any insight you have would be appreciated...

Background:

These are townhome-style units where all pipes traverse within the unit owners airspace and serve only that unit. Our by-laws state that unit owners are responsible for maintenance of all pipes that serve that unit and any damage that results from failure to satisfy these maintenance, repair, and replacement obligations.

The by-laws also state that we carry a master insurance policy which covers not only common property (roof, exterior siding, roads, etc...) but also the unit itself in the state it was sold to the first owner (unimproved state). I'm told by our master insurance policy there reasons why the master policy covers the unit itself -- the obvious one is to repair damage caused by a common area issue (i.e. roof leak) and I'm told there are others (eases ability to get mortages, FNMA requirements, and to give the association ability to resolve issues and maintain condo value if the homeowners did not carry insurance in the case of catastrophic damage such as a fire).

What Happened:

A unit owners dryer vent pipe clogged with lint. The vent pipe traverses through the unheated attic. Moisture built up and froze which either caused the pipe to burst (and leak) or to condense (and leak) which caused damage to the ceiling and walls below. The vent pipe and the damage is solely within the unit owner boundary as defined by the master deed. Normally, the board views pipe leaks as a unit owner responsiblity because they are within the unit boundary and the owner is responsible for maintenance.

The unit owner then proceeded to file a claim directly with the condo master insurance policy (and their own homeowner policy) prior to notifying the board or the management company. The master policy insurance company looked at the "insurance" section of the bylaws and determined it is a covered incident (because our master policy covers the unit). The board was notified after the unit owner was told this was a covered incident. The insurance company is now asking the board if we want to "approve" the payout. The damage is $1700 and the deductable is $1000 so the payout is $700. It is my understanding that the unit owner can than collect additional funds from their personal insurance policy (subject to that deductable) which is considered secondary to the primary master policy.

What do we do?

The board would like to avoid making any changes to the condo trust (by-laws). The board is concerned that if we authorize payout of the insurance claim, we will set a precedent for future claims due to pipe leaks and other damages or even spur on a set of retroactive cliams. We are also concerned that if we authorize the claim we may be claiming condo association responsibility for the damage and thus we may be obligated to pay the $1000 deductable (or whatever is not paid by their personal insurance) from the common funds. I'm told by the master policy insurance company that this single small claim is unlikely to raise our insurance rates since we have a good insurance record but we are concerned that it could be an issue in the future if we have a lot of these smallish claims. We are considering raising our deductable to $5000 to eliminate the smaller claims.

Should we authorize the master policy payment? If so, is the condo association taking responsibility for the damage and obligated to pay the deductable?

Any input based on similiar experience would be greatly appreciated.

Thanks,
Brian
MaryA1 (Arizona)
Posts: 7,043
Posted:
Not living in a condo assn, I don't have experience with this. However in reading your message you were very clear in stating the assn is not resp. for this type claim. Accordingly, I would not advise paying the claim. If you do, believe me there will be others! Also, all members must be instructed not to contact the insurance company directly. If they have a problem they should contact the assn who, in turn, will make the claim -- if warranted. And, if at all possible, the insurance co. should be contacted and informed that any claims made by an individual member are not to be processed. The policy is in the name of the association so this should not be a problem. At least I wouldn't think it should be.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why did the Associations's insurance company talk to an individual member? That company should have called the Board to tell them there has been an inquiry, and should have waited for instructions from the Board.

In my opinion, the homeowner should have made a claim on his/her own insurance first, then approach the associaiton insurance.

This was the fault of the person not keeping their vent clean, not anything to do with faulty construction of association property.
.

GlenL (Ohio)
Posts: 5,491
Posted:
I would suggest you ask your attorney for an opinion on your questions. Now I know it costs money to do something like this however it also costs money to defend a lawsuit which is what will probably happen if you just dismiss the claim after the insurance said it was covered.

We have similar wording in our documents however our attorney told us the Association had the duty to maintain the dryer vents and we have a service come in every three years and professionally clean them. I put together a list from the documents on what the Association was responsible for and what the H/O was responsible for and had it reviewed by the attorney and we passed it out to all the H/O's.

Studies show that 5 out of 4 people have problems with fractions
CharlieP2 (Utah)
Posts: 15
Posted:
Brian -

The insureds home owner policy should respond to this claim.

However, if the HOA master policy covers this claim, then it shouldn't be a problem to get it paid out.

Remember, you purchase insurance for this exact reason. To not use it would gross waste. I would stick with the $1,000 insurance deductible, after all - how often does something like this occur?

I write many HOA's throughout the US. If you ever need help with your master HOA policy, our agency would be happy to offer a proposal.

Best of luck,

Charlie

www.mahoneygroup.com

[email protected]
JonD1
Posts: 2,350
Posted:

The key point to your situation is in this part of your post. The unit owner, as is the case on my property, is responsible for pipes, and ducts, and drains that service their single unit. If it brings service to the unit or out of the unit only it is the unit owners responsibility. I would suggest the unit owner needs to claim this under their insurance not the master policy.

"These are townhome-style units where all pipes traverse within the unit owners airspace and serve only that unit. Our by-laws state that unit owners are responsible for maintenance of all pipes that serve that unit and any damage that results from failure to satisfy these maintenance, repair, and replacement obligations."

We had a similar situation but with a gas line serving one unit. After the unit was empty and the gas turned off for some time when service was turned on the existing pipe was leaking gas. The new owner contacted the Board and requested we pay for the installation of a new service line.

Our attorney upon reading our documents decided the Board was not responsible for the cost of this new line rather the unit owner.

You are correct in being concerned about setting standards of coverge for future events. Once you cover this damage you in effect agree to cover any future damage caused by services to individual units. This will expand the potential number of claims and the future costs to your property which is direct conflict with your stated ruling documents.

Finally, as mentioned why would your insurance carrier accept claims from individaul unit owners? Does that owner pay the premiums for this coverage? Is this the policy holder? Your policy is more then likely paid for by the Board and the relationship is between the Board and the carrier not the undividual unit owner. Any claims should have gone through the Board, the management company if you have one not made by any single unit owner.

No unit owner can file a claim with our carrier. The Board should have been notified before any judgement was made by the carrier and that judgement should have been made by the Board or the property's attorney as your documents might differ from those of other properties.

I would vote against making this payment on these damages to protect the future costs to your property, to limit the claims against the master policy AND to avoid taking responsibility for any such future matters. Once you make this type of ruling you can't go back.

Even in the event this claim was covered by your insurance I would consider paying this claim out of pocket rather then going through the insurance. For $700 it seems hardly worth the risk of putting a claim on your record.

But that would depend on many factors, the size of your property, the claim history, the assets of your preperty etc.

Good luck...

BrianF3 (Massachusetts)
Posts: 2
Posted:
I just wanted to thank everyone for taking the time to provide input on this. I was just made aware of the HOATalk community and thrilled there is a way to communicate with other HOAs.

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