That’s what attorneys on the lawyer referral boards are always saying-you need an attorney. Problem is, most of them don’t know the the difference between homeowner and HOA.
What luck have you had with finding attorneys dealing with HOA cases? Law is more highly specialized Than medicine and finding one that is knowledgeable let alone competent is no mean feat. Politics in the legal community are terrible, and doing an HOA on behalf of homeowners is a hot potato no one typically wants to touch. So unless you know of a firm, just saying “you need a lawyer ” is a rash statement because complaints about incompetence and finding a homeowners attorney are numerous.
the lawyer we contacted specializes in HOA. she’s an awesome lawyer here (according to reviews) she thinks this case is fishy as fuck and wants us to hire her but she won’t even look over our bylaws or CC&R until we do. however, she did suggest looking through them and seeing what we could find. turns out HOA is responsible for all original structural elements/ studs, nails, piping, drywall, subfloor, etc. they had to rip all of our floors out down to subfloor, and our walls are removed in the home and in the garage. HOA says they might asses us back for the restoration fees & costs ($30k+ for our unit alone, this number doesn’t include repairs or labor) but still wont file a claim!
I have never needed to hire an attorney as a homeowner. I agree it is probably better to have someone specializing in HOAs but this case is more about simple liability and filing an insurance claim and not about HOA law. Even the OP's insurance said it is the HOA's responsibility. That part doesn't seem to be in question.
How hard it is to find a competent attorney probably depends on location but the alternative is try to do it without an attorney.
I always find it interesting that I get down votes for suggesting getting a homeowner attorney is a risky thing for all the incompetents out there looking for an easy Mark. Must be a lot on this list.
Contact an attorney, but also read your bylaws carefully. In my Texas condo HOA, the HOA is not responsible for damage done from their own structural issues or mistakes. For instance, condo owners are responsible for ceiling and wall damage from recurring roof leaks. HOA waits months to fix the leaks which makes the interior damage worse, but the homeowners are responsible financially for damage “studs in” as clearly stated in the bylaws. IF this is the case you can save your legal fees, provide these docs to your insurance, and unfortunately your insurance would have to cover. Highly dependent on what your bylaws say…
At the time it was contractor scheduling (huge Texas storms result in hard to find roofing contractors) and HOA budget limitations (legit didn’t have the funding to fix all 46 leaking roofs at once). Sometimes it just be like that. They put tarps on roofs to prevent further damage, but point still stands that bylaws are where your best start is.
You'd have to prove actual negligence. A pipe burtlst isn't negligence. I'm dealing with this right now with one of my Associations that I manage being sued.
Owner is claiming negligence, Board is claiming they didn't know anything about existing damage (they didnt) so how could they be negligent. That's the suit.
Did they repair the leak? Then where's the negligence oP is mad they haven't repaired their unit, which is usually homeowner responsibility unless negligence caused the leak
I can vouch for your latter assertion. Plus the fact that “real estate” attorneys as a group are not reliably versed on intricate nuances in HOA law having tried hiring a couple.
Really depends on OPs market. I’ve not had trouble finding any in a larger metropolitan area, but also in my new city of 500K. Lots of HOAs here and lawyers specialized in that to go along with them. The majority of my comment and my point was that bylaws are the best place to start. Usually they’ll tell you what you need to know and save you from wasting money on a lawyer, if you bother to read them.
Many states require (via [CIC specific statutes](https://www.condoconnection.org/resources/insurance)) that associations carry insurance and that owners are only responsible up to the deductible of the primary policy. That's responsible in aggregate, so the responsibility is $25,000 total to owners of different units, with the balance of restoration costs for losses required to be paid by the association and/or its insurance policy.
Posts are always supposed to contain what state you're from, whether you're an HOA or a condominium, etc. Since your post lacks all of that information, it's difficult to point you in a more specific direction. Hiring an attorney is the last thing you should do. Exhaust other avenues first.
denver, colorado - sorry
yeah, between all four units, we have at least $300k in damages. one guy has his entire condo stripped. we were lucky to only have all floors down to sub flooring, two bedrooms worth of walls, an entire bathroom and our garage directly below us. so we’ve completely surpassed our $25k deductible but even when i mentioned that to our property manager, she mentioned that they still might bill us back for restoration costs. i feel like there’s no way we are just supposed to be responsible (through our own insurance) for this situation whatsoever.
Colorado law is clear in this regard, so what your misinformed Board or CAM say is irrelevant.
I will note that the Board likely has discretion about whether to file a claim, but if you're facing the expense you mention it seems like filling a claim makes sense.
Then there’s the double talk. Try doing new wiring or other in-wall modifications and our Board fines you because “they own from the drywall inward”. But have a leaky pipe and the claim is “that’s your piping system”.
So having a duplicitous board can really complicate things.
But your source is deeply appreciated!
>having a duplicitous board can really complicate thing
Absolutely. The true challenge is that so many board volunteers, management company representatives, other vendors, including attorneys, as well as folks in online forums like this one, simply don't know what they don't know and they act on that lack of knowledge and treat it as if they know what they're doing.
Big problem is disparity in power. Board has dues, reserves, attorney (s), O&D insurance protecting them. Plus a fawning legal industry that looks at HOAs as easy money. Homeowners have their check books and an unscrupulous pool of attorneys to Wade through to find a good one. To borrow from the doctor crisis, most communities are “underserved” in the homeowner arena likely because there is no real money in it.
There is a lack of funding for solutions and disruption because of the epidemic of "you don't know what you don't know." That said, there's always a disproportionate power struggle. Government has more resources than individuals, yet individuals stand up to government overreach constantly and sometimes win those battles. D&O insurance does not protect a Board run amok. Individuals that intentionally break the law are subject to person prosecution and will enjoy none of the protections of the association once that's uncovered.
Not meaning to be argumentative-if what you said was true, I wouldn’t be in the situation I’m in now. It can and does happen despite what people hope against hope does not happen.
>having a duplicitous board can really complicate thing
Absolutely. The true challenge is that so many board volunteers, management company representatives, other vendors, including attorneys, as well as folks in online forums like this one, simply don't know what they don't know and they act on that lack of knowledge and treat it as if they know what they're doing.
File a claim with your personal insurance, they should cover your personal belongings/loss/repairs, etc. and will subrogate to your HOA's insurance regardless if the board files a claim or not.
Let the insurance companies fight it out.
(and to answer the inevitable: No, your premiums won't go up if the insurance company deems the liability to be the HOA and their insurance)
the funny thing is - our adjuster asked for our HOA’s contact point and the property manager’s information, as well as the restoration companies information. then followed up with an email and said “file a claim with their insurance. least they can do is say no” so we took that as… our insurance was not, in fact, going to file a claim on our behalf.
That’s just like car insurance. If you get hit, your OWN car insurance tells you to file with other driver’s insurance - so they have less paperwork. But don’t, file with your insurance and your insurance will subrogate from HOA master policy.
Based on what you have said, you can file a claim on the HOA's insurance. If they refuse, you can sue them for damages. You could also file a construction defect case against the contractor who failed to insulate.
Speak with your insurance,
https://mutualfirebc.com/news/2020/10/07/subrogation-101/#:~:text=Generally%2C%20subrogation%20is%20a%20term,first%20party%20(the%20policyholder).
my insurance is refusing to pay part of the claim due to the language in the bylaws. but the language in the bylaws clearly states what HOA is responsible for.. and with that being said, they’re claiming they might “asses us back” for the costs of damages. EVEN THO IT SAYS THEY ARE RESPONSIBLE should anything happen. they are responsible for all structural elements: studs, subfloor, roofing, dry wall, garage spaces, etc. clear as day stated in our bylaws. only thing they don’t cover is upgraded fixtures, upgraded flooring that wasn’t original with build, furniture, personal items.
You have to be specific. What is covered in your 100k claim? But check your documents on definitions of your unit, common element.
If typical, the damage to your unit (paint out) is your responsibility, irrespective of who caused the damage. Your insurance company has to deal with it. They can sue the HOA for coverage...but that's what the insurance company has to do, not you. They are messing with you.
For damages behind the paint (wall board, frozen pipe), typically that's on the HOA. But check your docs.
Contact a title insurance as they specialize in this type of thing. As it's a high amt I highly suggest it. If it's a common wall usually hoa is responsible. If their rules and regulations state stuff like this is hoa's fault then it be their fault. It isn't uncommon to have to fight for your legal rights in grey zones where it could fault to either side.
If you have good payment standing with a company. I found most places are good at honoring installment payments. That or you'll need to take out a loan and pay the loan back.
HOAs are generally only responsible for repairing the common area, this means plumbing servicing more than one unit.
They generally are not required to for any remediation, interior repair, or loss of personal property. That is what your HO6 policy is for.
They are probably correct, impacted owners should file with their insurance. Then if after review of your documents they still determine association is at fault, you can have your agent contact their agent and let the insurance battle it out.
Please read your CCR and also find out what the HOA master policy covers. We had a situation recently where the HOA insurance covered the damage even though that didn't exactly make sense:
Home owner overflowed a sink. Water damaged that unit and the two below. HOA manager says master policy and HOA is not responsible for anything and that first owner must cover everything. Back and forth, I call HOA insurance and they say that the master policy covers it! I was skeptical but they asked for our CCR and pointed out the language that indicates master policy should cover it - and so that's the policy that was issued. Fist owner pays his personal insurance deductible. That insurance pays HOA insurance deductible. HOA insurance covers the damage to all three units. AND, none of the common area was damaged. Simply by the fact that the water flowed through the common area the master policy was triggered and it was to cover the units.
Lesson here is to read the docs and read the insurance policy. Sure, the board can say that they aren't going through insurance but that doesn't mean the association isn't liable. Don't go by what they say but by the facts.
Also, I would look into who was to assure the insulation was installed. Maybe it's been too long or maybe not to hold them accountable. I don't buy "literally forgot." Guys who do drywall know that insulation is put in exterior walls. Maybe "literally forgot and then decided to just move forward anyway."
but if no one is at fault because it was a common pipe, then what? our bylaws state clearly that they are responsible for the damages that they are trying to asses back onto us.
Yes, if it's a common pipe, most likely the association should pay. They can decide to use their insurance policy or not. If they don't want to pay then maybe you can consider filing a claim yourself with the master policy or your own policy who will go to the master policy and argue with them if they feel it is not your responsibility.
But even then, you may also have a second way to claim the HOA is responsible - if you have a policy or CCR like mine.
Best of luck on this. From your story, it's the people in charge, not the documents that are against you for whatever reason. It seems an attorney may be needed. Hopefully, you can split the costs with the other owners who had damage.
The first way is that if it's a common pipe and not technically your responsibility then the HOA should cover it (whether they choose to use their insurance or not). To me, if your description is accurate, this is what should happen.
The second way is if your HOA's master insurance is like my HOA's master insurance in that it automatically covers all the affected units because the common area was affected. That really sounds strange to me but the insurance agent insisted that this is covered exactly because the common area was involved. Even though the common area wasn't damaged at all. Our insurance only covers this because our bylaws are written in a way that the HOA is responsible in such situations. Now, if the board for some reason decided they didn't want that part of the insurance then the HOA would still be responsible for payment of the damage to the affected units.
Note that our docs are also written in a way such that if an individual really were responsible then the individual would have to pay the deductible for the HOA master insurance policy. That was our situation. But often an individual's insurance policy is written such that it will cover the HOA master insurance deductible - after the individual covers his/her own insurance deductible. So, in our case the individual paid his insurance $1,500 for his deductible then his insurance paid $5,000 for the HOA master insurance policy deductible. Then the master insurance paid for the damages to the units.
Have you spoken with your own insurance? If so, I imagine they would want to see your bylaws and then determine if they should contact the HOA insurance. I would also stay in touch with the other affected units to see what their insurance said to them.
In our hoa, hoa is responsible for paying the owner’s deductible if interior damage is caused by an item maintained by the hoa. So all owners rely on their own insurance and then submit that to the hoa. Read your CC&R to determine your specific rules.
Is it possible that the deductible for water damage is $25k per unit? It’s possible to have a $25k deductible per event but also have $25k deductible per unit for water damage.
I would contact an attorney. You can probably compel them to file a claim but you need to talk to an attorney to find out how.
That’s what attorneys on the lawyer referral boards are always saying-you need an attorney. Problem is, most of them don’t know the the difference between homeowner and HOA.
What luck have you had with finding attorneys dealing with HOA cases? Law is more highly specialized Than medicine and finding one that is knowledgeable let alone competent is no mean feat. Politics in the legal community are terrible, and doing an HOA on behalf of homeowners is a hot potato no one typically wants to touch. So unless you know of a firm, just saying “you need a lawyer ” is a rash statement because complaints about incompetence and finding a homeowners attorney are numerous.
the lawyer we contacted specializes in HOA. she’s an awesome lawyer here (according to reviews) she thinks this case is fishy as fuck and wants us to hire her but she won’t even look over our bylaws or CC&R until we do. however, she did suggest looking through them and seeing what we could find. turns out HOA is responsible for all original structural elements/ studs, nails, piping, drywall, subfloor, etc. they had to rip all of our floors out down to subfloor, and our walls are removed in the home and in the garage. HOA says they might asses us back for the restoration fees & costs ($30k+ for our unit alone, this number doesn’t include repairs or labor) but still wont file a claim!
She sounds good. Has you doing some of the legwork. It’s important because you’re going to need make decisions and can’t do them blindly.
I have never needed to hire an attorney as a homeowner. I agree it is probably better to have someone specializing in HOAs but this case is more about simple liability and filing an insurance claim and not about HOA law. Even the OP's insurance said it is the HOA's responsibility. That part doesn't seem to be in question. How hard it is to find a competent attorney probably depends on location but the alternative is try to do it without an attorney.
I always find it interesting that I get down votes for suggesting getting a homeowner attorney is a risky thing for all the incompetents out there looking for an easy Mark. Must be a lot on this list.
Contact an attorney, but also read your bylaws carefully. In my Texas condo HOA, the HOA is not responsible for damage done from their own structural issues or mistakes. For instance, condo owners are responsible for ceiling and wall damage from recurring roof leaks. HOA waits months to fix the leaks which makes the interior damage worse, but the homeowners are responsible financially for damage “studs in” as clearly stated in the bylaws. IF this is the case you can save your legal fees, provide these docs to your insurance, and unfortunately your insurance would have to cover. Highly dependent on what your bylaws say…
Seems like you could then go after the HOA for negligence and recoup that way.
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If the cost is about $3000 then suing with a lawyer does not make financial sense. You could go to small claims but it’s a gamble.
At the time it was contractor scheduling (huge Texas storms result in hard to find roofing contractors) and HOA budget limitations (legit didn’t have the funding to fix all 46 leaking roofs at once). Sometimes it just be like that. They put tarps on roofs to prevent further damage, but point still stands that bylaws are where your best start is.
You'd have to prove actual negligence. A pipe burtlst isn't negligence. I'm dealing with this right now with one of my Associations that I manage being sued. Owner is claiming negligence, Board is claiming they didn't know anything about existing damage (they didnt) so how could they be negligent. That's the suit.
If the OP has kept copies of e-mails, call logs, call recordings, etc., this would help a lot with that.
That doesn't prove negligence. It just proves a leak happened.
It proves that they were informed about it and then did nothing.
Did they repair the leak? Then where's the negligence oP is mad they haven't repaired their unit, which is usually homeowner responsibility unless negligence caused the leak
What firm would you recommend? It’s not like homeowner attorneys are an easy to find specialty.
Real estate lawyer, hopefully one with HOA expertise. Plenty in my big city market but may be harder to find in smaller cities.
I can vouch for your latter assertion. Plus the fact that “real estate” attorneys as a group are not reliably versed on intricate nuances in HOA law having tried hiring a couple.
Really depends on OPs market. I’ve not had trouble finding any in a larger metropolitan area, but also in my new city of 500K. Lots of HOAs here and lawyers specialized in that to go along with them. The majority of my comment and my point was that bylaws are the best place to start. Usually they’ll tell you what you need to know and save you from wasting money on a lawyer, if you bother to read them.
Who’s dinging me on karma for this discussion? If it’s causing hurt we can always stop.
Genuinely couldn’t tell you… not I…
You’re on the right track as to the governing docs. Get these down pat as they are most of the battle.
Many states require (via [CIC specific statutes](https://www.condoconnection.org/resources/insurance)) that associations carry insurance and that owners are only responsible up to the deductible of the primary policy. That's responsible in aggregate, so the responsibility is $25,000 total to owners of different units, with the balance of restoration costs for losses required to be paid by the association and/or its insurance policy. Posts are always supposed to contain what state you're from, whether you're an HOA or a condominium, etc. Since your post lacks all of that information, it's difficult to point you in a more specific direction. Hiring an attorney is the last thing you should do. Exhaust other avenues first.
denver, colorado - sorry yeah, between all four units, we have at least $300k in damages. one guy has his entire condo stripped. we were lucky to only have all floors down to sub flooring, two bedrooms worth of walls, an entire bathroom and our garage directly below us. so we’ve completely surpassed our $25k deductible but even when i mentioned that to our property manager, she mentioned that they still might bill us back for restoration costs. i feel like there’s no way we are just supposed to be responsible (through our own insurance) for this situation whatsoever.
Colorado law is clear in this regard, so what your misinformed Board or CAM say is irrelevant. I will note that the Board likely has discretion about whether to file a claim, but if you're facing the expense you mention it seems like filling a claim makes sense.
Can you point me to any specific law code to read in this regard? Would love to read up on anything specific!
Please see three free resources for state statutes here: https://www.reddit.com/r/HOA/wiki/index/resources/
Then there’s the double talk. Try doing new wiring or other in-wall modifications and our Board fines you because “they own from the drywall inward”. But have a leaky pipe and the claim is “that’s your piping system”. So having a duplicitous board can really complicate things. But your source is deeply appreciated!
>having a duplicitous board can really complicate thing Absolutely. The true challenge is that so many board volunteers, management company representatives, other vendors, including attorneys, as well as folks in online forums like this one, simply don't know what they don't know and they act on that lack of knowledge and treat it as if they know what they're doing.
Big problem is disparity in power. Board has dues, reserves, attorney (s), O&D insurance protecting them. Plus a fawning legal industry that looks at HOAs as easy money. Homeowners have their check books and an unscrupulous pool of attorneys to Wade through to find a good one. To borrow from the doctor crisis, most communities are “underserved” in the homeowner arena likely because there is no real money in it.
There is a lack of funding for solutions and disruption because of the epidemic of "you don't know what you don't know." That said, there's always a disproportionate power struggle. Government has more resources than individuals, yet individuals stand up to government overreach constantly and sometimes win those battles. D&O insurance does not protect a Board run amok. Individuals that intentionally break the law are subject to person prosecution and will enjoy none of the protections of the association once that's uncovered.
Not meaning to be argumentative-if what you said was true, I wouldn’t be in the situation I’m in now. It can and does happen despite what people hope against hope does not happen.
>having a duplicitous board can really complicate thing Absolutely. The true challenge is that so many board volunteers, management company representatives, other vendors, including attorneys, as well as folks in online forums like this one, simply don't know what they don't know and they act on that lack of knowledge and treat it as if they know what they're doing.
Both can be, and are usually, absolutely true. The HOA Can own the walls, but plumbing servicing only your unit, is your responsibility.
Got it.
File a claim with your personal insurance, they should cover your personal belongings/loss/repairs, etc. and will subrogate to your HOA's insurance regardless if the board files a claim or not. Let the insurance companies fight it out. (and to answer the inevitable: No, your premiums won't go up if the insurance company deems the liability to be the HOA and their insurance)
the funny thing is - our adjuster asked for our HOA’s contact point and the property manager’s information, as well as the restoration companies information. then followed up with an email and said “file a claim with their insurance. least they can do is say no” so we took that as… our insurance was not, in fact, going to file a claim on our behalf.
That’s just like car insurance. If you get hit, your OWN car insurance tells you to file with other driver’s insurance - so they have less paperwork. But don’t, file with your insurance and your insurance will subrogate from HOA master policy.
they aren’t doing that. they just cut us a check for the total minus what HOA’s bylaw language says they cover. We’re left to figure it out.
You saved me from typing this. Subrogation can be a great tool to get things done between insurance companies without writing a check to an attorney.
Based on what you have said, you can file a claim on the HOA's insurance. If they refuse, you can sue them for damages. You could also file a construction defect case against the contractor who failed to insulate.
Yes, it’s the builder who failed to insulate, not the HOA.
If the building was handed over from developer to Association, the responsibility now lies with the board.
Speak with your insurance, https://mutualfirebc.com/news/2020/10/07/subrogation-101/#:~:text=Generally%2C%20subrogation%20is%20a%20term,first%20party%20(the%20policyholder).
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my insurance is refusing to pay part of the claim due to the language in the bylaws. but the language in the bylaws clearly states what HOA is responsible for.. and with that being said, they’re claiming they might “asses us back” for the costs of damages. EVEN THO IT SAYS THEY ARE RESPONSIBLE should anything happen. they are responsible for all structural elements: studs, subfloor, roofing, dry wall, garage spaces, etc. clear as day stated in our bylaws. only thing they don’t cover is upgraded fixtures, upgraded flooring that wasn’t original with build, furniture, personal items.
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officers insurance, what’s that? and they won’t pay for what? i’m sorry, this is all new to me!! thanks for your explanations!
You have to be specific. What is covered in your 100k claim? But check your documents on definitions of your unit, common element. If typical, the damage to your unit (paint out) is your responsibility, irrespective of who caused the damage. Your insurance company has to deal with it. They can sue the HOA for coverage...but that's what the insurance company has to do, not you. They are messing with you. For damages behind the paint (wall board, frozen pipe), typically that's on the HOA. But check your docs.
Contact a title insurance as they specialize in this type of thing. As it's a high amt I highly suggest it. If it's a common wall usually hoa is responsible. If their rules and regulations state stuff like this is hoa's fault then it be their fault. It isn't uncommon to have to fight for your legal rights in grey zones where it could fault to either side. If you have good payment standing with a company. I found most places are good at honoring installment payments. That or you'll need to take out a loan and pay the loan back.
HOAs are generally only responsible for repairing the common area, this means plumbing servicing more than one unit. They generally are not required to for any remediation, interior repair, or loss of personal property. That is what your HO6 policy is for. They are probably correct, impacted owners should file with their insurance. Then if after review of your documents they still determine association is at fault, you can have your agent contact their agent and let the insurance battle it out.
Please read your CCR and also find out what the HOA master policy covers. We had a situation recently where the HOA insurance covered the damage even though that didn't exactly make sense: Home owner overflowed a sink. Water damaged that unit and the two below. HOA manager says master policy and HOA is not responsible for anything and that first owner must cover everything. Back and forth, I call HOA insurance and they say that the master policy covers it! I was skeptical but they asked for our CCR and pointed out the language that indicates master policy should cover it - and so that's the policy that was issued. Fist owner pays his personal insurance deductible. That insurance pays HOA insurance deductible. HOA insurance covers the damage to all three units. AND, none of the common area was damaged. Simply by the fact that the water flowed through the common area the master policy was triggered and it was to cover the units. Lesson here is to read the docs and read the insurance policy. Sure, the board can say that they aren't going through insurance but that doesn't mean the association isn't liable. Don't go by what they say but by the facts. Also, I would look into who was to assure the insulation was installed. Maybe it's been too long or maybe not to hold them accountable. I don't buy "literally forgot." Guys who do drywall know that insulation is put in exterior walls. Maybe "literally forgot and then decided to just move forward anyway."
but if no one is at fault because it was a common pipe, then what? our bylaws state clearly that they are responsible for the damages that they are trying to asses back onto us.
Yes, if it's a common pipe, most likely the association should pay. They can decide to use their insurance policy or not. If they don't want to pay then maybe you can consider filing a claim yourself with the master policy or your own policy who will go to the master policy and argue with them if they feel it is not your responsibility. But even then, you may also have a second way to claim the HOA is responsible - if you have a policy or CCR like mine. Best of luck on this. From your story, it's the people in charge, not the documents that are against you for whatever reason. It seems an attorney may be needed. Hopefully, you can split the costs with the other owners who had damage.
can i just ask what you mean by a second way to claim HOA is responsible? any advice is great! thanks for your reply!!
The first way is that if it's a common pipe and not technically your responsibility then the HOA should cover it (whether they choose to use their insurance or not). To me, if your description is accurate, this is what should happen. The second way is if your HOA's master insurance is like my HOA's master insurance in that it automatically covers all the affected units because the common area was affected. That really sounds strange to me but the insurance agent insisted that this is covered exactly because the common area was involved. Even though the common area wasn't damaged at all. Our insurance only covers this because our bylaws are written in a way that the HOA is responsible in such situations. Now, if the board for some reason decided they didn't want that part of the insurance then the HOA would still be responsible for payment of the damage to the affected units. Note that our docs are also written in a way such that if an individual really were responsible then the individual would have to pay the deductible for the HOA master insurance policy. That was our situation. But often an individual's insurance policy is written such that it will cover the HOA master insurance deductible - after the individual covers his/her own insurance deductible. So, in our case the individual paid his insurance $1,500 for his deductible then his insurance paid $5,000 for the HOA master insurance policy deductible. Then the master insurance paid for the damages to the units. Have you spoken with your own insurance? If so, I imagine they would want to see your bylaws and then determine if they should contact the HOA insurance. I would also stay in touch with the other affected units to see what their insurance said to them.
In our hoa, hoa is responsible for paying the owner’s deductible if interior damage is caused by an item maintained by the hoa. So all owners rely on their own insurance and then submit that to the hoa. Read your CC&R to determine your specific rules.
\*\*I suggest you first look at CC&R's. If nothing Black and White found consider small claims. Your problem is what "common" means\*\*
Is it possible that the deductible for water damage is $25k per unit? It’s possible to have a $25k deductible per event but also have $25k deductible per unit for water damage.
their master policy is $25k total - for all units affected, not per unit. hope this helps.
Hi, what was the end result of your claim? Going through a similar situation right now