by CCC » Sat Jan 28, 2012 09:48 pm
There was a water intrusion in my condo unit from a leak originating from the building's exterior. The exterior is designated as HOA responsibility and its insurance is covering the loss.
My condo unit suffered a water damage to walls in a room and a small section under vinyl flooring. Walls have already been dried out and torn out by the contractor HOA hired.
Question 1: Does the HOA or their insurance have the right to require repair rather than cash-out for damage incurred to personal units?
Question 2: Does the HOA or their insurance have any right to influence who makes the repair beyond having adequate insurance to cover the building and other owners?
The sheet rock requires repair so that's actually getting fixed. The damage to floor is only in a small section but I'm told its not practical to fix just the section and that whole continuous piece consisting of kitchen and utility room will have to be redone.
The board appointed management company says if I was to use my own contractors, I am to have each prospect fill out a W-9 and submit it along with the bid and certificate of insurance for approval.
On the other hand I'm told if I was to use the "HOA pre approved" contractor that one of the board members referenced, approval isn't needed and it will get taken care of without all this hassle. I'm thinking the HOA is trying to make me choose their preferred contractor by frustrating me with all these hoops I have to jump.
I simply want to choose who does the repair, what to fix and when it will be fixed rather than having the HOA influencing my decision or making decisions on me.
How do I find contractors who are willing to handle all the insurance negotiations like auto body shops do for you? The repair tasks are fairly common residential procedures but the paperwork is a complex bureaucracy and many resi contractors do not understand it.
Since the loss originated from a "third party" source, perhaps the situation is comparable to loss incurred to my property from water leak caused by upstairs neighbor and as such I don't think their insurance gets to choose who does the repair or how I can be compensated(repair or cash-out in fair market value for repair cost)
Damage to floor is not major but since they can't just patch the affected the whole floor has to be repaired, but since there was damage, I expect to get compensated for it. Does the association or its insurance have the right to deny cash-out?
Does the association or its insurance company have the right to appoint contractor?
Making the repair to the floor is not a priority right now and I really don't want the hassle having the repair NOW.
I'm familiar with auto insurance but not with real property. If someone else hits my car, that person or their insurance can't dictate who fixes my car or if I fix my car. If someone puts a dent in a fender that costs $2,000 to fix, the vehicle suffered a compensable damage in the amount that is agreeable for the cost of repair, but I'm not required to have it fixed.
My condo unit suffered a water damage to walls in a room and a small section under vinyl flooring. Walls have already been dried out and torn out by the contractor HOA hired.
Question 1: Does the HOA or their insurance have the right to require repair rather than cash-out for damage incurred to personal units?
Question 2: Does the HOA or their insurance have any right to influence who makes the repair beyond having adequate insurance to cover the building and other owners?
The sheet rock requires repair so that's actually getting fixed. The damage to floor is only in a small section but I'm told its not practical to fix just the section and that whole continuous piece consisting of kitchen and utility room will have to be redone.
The board appointed management company says if I was to use my own contractors, I am to have each prospect fill out a W-9 and submit it along with the bid and certificate of insurance for approval.
On the other hand I'm told if I was to use the "HOA pre approved" contractor that one of the board members referenced, approval isn't needed and it will get taken care of without all this hassle. I'm thinking the HOA is trying to make me choose their preferred contractor by frustrating me with all these hoops I have to jump.
I simply want to choose who does the repair, what to fix and when it will be fixed rather than having the HOA influencing my decision or making decisions on me.
How do I find contractors who are willing to handle all the insurance negotiations like auto body shops do for you? The repair tasks are fairly common residential procedures but the paperwork is a complex bureaucracy and many resi contractors do not understand it.
Since the loss originated from a "third party" source, perhaps the situation is comparable to loss incurred to my property from water leak caused by upstairs neighbor and as such I don't think their insurance gets to choose who does the repair or how I can be compensated(repair or cash-out in fair market value for repair cost)
Damage to floor is not major but since they can't just patch the affected the whole floor has to be repaired, but since there was damage, I expect to get compensated for it. Does the association or its insurance have the right to deny cash-out?
Does the association or its insurance company have the right to appoint contractor?
Making the repair to the floor is not a priority right now and I really don't want the hassle having the repair NOW.
I'm familiar with auto insurance but not with real property. If someone else hits my car, that person or their insurance can't dictate who fixes my car or if I fix my car. If someone puts a dent in a fender that costs $2,000 to fix, the vehicle suffered a compensable damage in the amount that is agreeable for the cost of repair, but I'm not required to have it fixed.
Posted: Mon Jan 30, 2012 12:57 pm Post Subject:
You have filed the claim with the HOA who in turn has filed it with their insurance company. The insurance company will be giving the check to the HOA who in turn will use it for appointing a contractor and repairing the damage. Check your HOA’s CC&R (Covenants, Conditions and Restrictions) document. It should address your queries.
Posted: Mon Apr 02, 2012 02:07 pm Post Subject:
I am based out of Florida and can only advise you as to how this would be handled here. The condo association is responsible for common areas to your drywall, everything inside the drywall including the paint and texture would be your responsibility. If you have your own insurance policy on the condo you can always file a claim with them and then they should pay you directly which would allow you to hire whichever contractor you choose. Many times in that situation your insurance company may try to subrograte the loss by going after your association or neighbor (whoever caused the damages).
Posted: Sun Feb 03, 2013 03:17 pm Post Subject: Condo liability?
Mr. Greg Roover is corroborating what a repair company guy told me once "I just come to fix damage and ...I bill the association".
I wish I was not a chicken!
My Assoc. told me "we will not file any claim with our insurance..."
I had to let our own maintenance guy do "his lousy job" (he placed some fans to dry the flooded area and next day he sprayed his texture on ceiling and walls.....
I guess, if he does not see mold of my 4 previous floods ... the jury or the owner will not see it either...
My own insurance adjuster also kindly advised me to send letter to Assoc Mgr. reminding her about the 718.2 (?) FL Statute .... but ...I really did not know how to proceed since it is hard to find repair companies that also know about these rights and will not charge the condo owner but the Association insurance, which, anyway, it is included in our highly monthly maintenance fees.
Thanks Claim Concepts, Inc.
I will keep your number till my neighbor's next flood comes!!
Posted: Sun Feb 03, 2013 03:24 pm Post Subject: fla statutes 720.??
Mr. Greg Roover is corroborating what a repair company guy told me once " I just come to fix damage and ...I bill the association. I know what I have to do".
I wish I was not a chicken!
My Assoc. told me "we will not file any claim with our insurance..."
I had to let our own maintenance guy do "his lousy job" (he placed some fans to dry the flooded area and next day he sprayed his texture on ceiling and walls.....
I guess, if he does not see mold of my 4 previous floods ... the jury or the owner will not see it either...?
My own insurance adjuster also kindly advised me to send letter to Assoc Mgr. reminding her about the 718.2.. (?) FL Statute .... but ...I really did not know how to proceed since it is hard to find repair companies that also know about these rights and will not charge the condo owner but the Association insurance, which, anyway, it is included in our highly monthly maintenance fees.
Thanks Claim Concepts, Inc.
I will save your phone number till my next flood comes!!
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