by Guest » Mon Jun 23, 2014 09:48 pm
If water infiltrates a ground floor unit from the roof, and causes damage to a floor, which is not covered by the unit owners HO6 policy, who pays for the floor repairs?
In this situation, the Home Owners agent visited the unit, acknowledge there was water damage to a wood floor and determined it was not caused by a Peril Insured Against, and based on that denied the claim. The adjusted did state that the damage falls under the condominium master policy.
The Association stated they are not responsible for the deductible or "out of pocket:" cost, suggesting since the damage is below the $5,000 deductible on the master policy, it is the unit owners sole responsibility. They also stated any claims against the master policy, the unit owner that has the damage is solely responsible for the deductible.
According to the Condo documents, the Association is responsible for 100% coverage against common area damages, such as wind, water, fire, etc. Since it is the common area (roof) that leaked, shouldn't the Association pay for the damage to the floor?
In this situation, the Home Owners agent visited the unit, acknowledge there was water damage to a wood floor and determined it was not caused by a Peril Insured Against, and based on that denied the claim. The adjusted did state that the damage falls under the condominium master policy.
The Association stated they are not responsible for the deductible or "out of pocket:" cost, suggesting since the damage is below the $5,000 deductible on the master policy, it is the unit owners sole responsibility. They also stated any claims against the master policy, the unit owner that has the damage is solely responsible for the deductible.
According to the Condo documents, the Association is responsible for 100% coverage against common area damages, such as wind, water, fire, etc. Since it is the common area (roof) that leaked, shouldn't the Association pay for the damage to the floor?
Posted: Tue Jun 24, 2014 08:08 pm Post Subject:
According to the Condo documents, the Association is responsible for 100% coverage against common area damages, such as wind, water, fire, etc. Since it is the common area (roof) that leaked, shouldn't the Association pay for the damage to the floor?
The least expensive way to find out is to sue the Condo Owners' Association in Small Claims Court for 100% of the value of the loss (either based on estimates of the repair charge or actual repairs).You will need to present written documentation of the cause of your damage. A few photos will also help, but photos alone are insufficient proof. You should have been provided with a written denial of your claim under the HO policy. That will suffice as to cause.
If your interpretation of the CC&Rs is correct, the judge will decide the matter in your favor, if not, you will lose. What will it cost? Depends on the state you live in, but probably a lot less than $100.
Posted: Wed Nov 05, 2014 11:33 pm Post Subject:
In this situation, the Home Owners agent visited the unit, acknowledge there was water damage to a wood floor and determined it was not caused by a Peril Insured Against, and based on that denied the claim.
Was it the insurance agent or adjuster that visited the loss?
I'm not sure where you are located but I can tell you that in Florida your own HO-6 policy would be the policy I would look to for coverage of wood floor within the unit insured against. The roof that is leaking would typically be the Condo Associations responsibility but not all of the ensuing losses unless looking at it from a liability standpoint which would be a question for an attorney.
The HO-6 should be an all-risk policy under Coverage A which should include your floors, cabinets, paint, texture, etc...
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