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Message
Insurance Liability Question - Homeowner vs HOA
Posted on 2/4/14 at 8:09 am
Posted on 2/4/14 at 8:09 am
So I own a condo unit on the ground floor of a 3 story building and then tenant has mentioned that there is evidence of mold in the walls of one of the bathrooms. I sent a mold specialist out there and they have removed some of the ceiling/wall and can determine that there is a leak from some pipes running through the walls and between units that is causing the moisture and thus the mold.
According to the HOA bylaws, the association is responsible for repairing all common areas/elements, and classifies common elements as: "Common elements shall include easements through Units for all conduits, pipes, ducts, plumbing, wiring and all other facilities for the furnishing of utility services to Units..." It later states that the Association shall repair "all conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services which are contained in the portions of a Unit contributing to the support of the building or within interior boundary walls.."
My question is: are they only responsible for fixing the piping issues, or should they also be responsible for covering the costs of the damages to my unit? Or will they claim that is what my insurance is for? TIA
According to the HOA bylaws, the association is responsible for repairing all common areas/elements, and classifies common elements as: "Common elements shall include easements through Units for all conduits, pipes, ducts, plumbing, wiring and all other facilities for the furnishing of utility services to Units..." It later states that the Association shall repair "all conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services which are contained in the portions of a Unit contributing to the support of the building or within interior boundary walls.."
My question is: are they only responsible for fixing the piping issues, or should they also be responsible for covering the costs of the damages to my unit? Or will they claim that is what my insurance is for? TIA
2
Posted on 2/4/14 at 8:33 am to Htown Tiger
how old is this complex?
I see a long and drawn out legal battle in your future between the HOA, yourself and the Contractor if it is relatively new.
I see a long and drawn out legal battle in your future between the HOA, yourself and the Contractor if it is relatively new.
Posted on 2/4/14 at 8:37 am to Mr.Perfect
It was originally built in 1988 I believe, and then underwent a "developer conversion" back in 2005 I believe.
Posted on 2/4/14 at 8:41 am to Htown Tiger
got it.. if pipes are covered so would the resulting damage. just because it manifests itself in your bath, you still move back to the root cause.
Do you have an open view of the pipes that are leaking? if not there is no way you could have tried to prevent/control the damage.
Good luck. I still think it is going to be a headache.
Do you have an open view of the pipes that are leaking? if not there is no way you could have tried to prevent/control the damage.
Good luck. I still think it is going to be a headache.
Posted on 2/4/14 at 3:34 pm to Mr.Perfect
quote:
if pipes are covered so would the resulting damage. just because it manifests itself in your bath, you still move back to the root cause.
Normally a leak over time or maintenance issues are not covered by insurance.
If its a liability issue(ie. the leak was reported but the HOA neglected to fix it) then the HOA/ condo assoc. policy will most likely take care of the resulting damage.
Posted on 2/4/14 at 6:56 pm to Htown Tiger
What are the damges to your unit? Got pics? In many cases the condo covers from the drywall out and the homeowner covers from the drywall in. If there is mold from a leak, do not file a homeowner's claim, it would not be covered...
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