Shared responsibilty for damage?

It isn't our HOA's responsibility to winterize and summerize the individual swamp coolers for each unit in a building. If the coolers aren't properly winterized, there is no resulting liability to the Association.

An owner arranged for some casual acquaintance of hers to 'winterize' her swamp cooler but didn't get an invoice. The water line froze and broke, and when it thawed out this spring there was water damage to the cieling and drywall common elements inside that unit.

The Association must carry casualty insurance for common elements but not for personal property and service equipment. Our CC&Rs also exclude furnishings from the Association's required insurance coverage. As I see it, the areas of responsibility for the repairs are:

- Swamp cooler and/or copper water line (service equipment): Owner

- Ceiling panels, insulation and drywall: Association (after insurance deductible).

- Paint, wallpaper or texture finish: Owner

I will have to explain to the owner that the HOA's casualty insurance doesn't cover all the repairs.

Warn your insurance company not to accept a claim from the owner.

Some insurance companies are so dumb that they'll pay off any claim, even ones that aren't covered.

The insurance company subsequently raises your rates, even if you tell them that they shouldn't have paid the claim.

Tim misunderstood, sorry. The damage is to the interior painted drywall ceiling in only one unit, no party walls or other units were damaged. The broken water line is in the attic below the roof. The owner doesn't have insurance other than for personal property.

The CC&Rs say that the Association is responsible for exterior maintenance and holds owners responsible for damage to the exterior due to negligence, which is all well and good, but that's for the exterior.

The language on insurance says that the casualty insurance shall insure all loss in the Subdivision and any Property, the nature of which is a Common Element by not inluding the personal property of the owner. The document does not otherwise define what a 'Common Element' is. The language specifically includes carpet and wallpaper, among other items, as personal property which is the responsibility of the owner.

The insurance claim letter estimated the cost to repair the damage and said it was due to the evaporative cooler not being properly maintained. The board was given this letter and after some discussion decided that the damage is the responsibility of the owner and not the Association. By certified letter I notified the owner of the Board's decision, and the right to alternative dispute resolution.

The owner has since hired a contractor to repair and startup the cooler before summer.

Actually Brian I would recommend that you send the HOA’s attorney and who ever s/he suggests. Since the HOA is a corporation neither the president or the board may be able to represent it. The laws very in different States but we had to have an attorney represent the HOA here in Ohio.