by Guest » Tue Aug 31, 2010 06:44 pm
I have a condo that is rented. Water leaked into the condo, damaging the ceiling and sheetrock fell to the floor. The renter has some damaged items. The HOA is saying that it is all my responsibility because it is from the window - which is the owner's responsibility. A window guy came out and said that it may not be the window or that it was bad installation/flashing which is causing water to leak between the roofing and outer ceiling and into onto the units sheetrock from above. Whose insurance covers this? The HOA or mine?
The contractor claims he'd need to tear the window out and the roofing to determine the cause for sure. But that $4k of expenses and I cant afford that. The tenant doesnt want to be in there, they are on a 2yr lease.
Messy situation - but I dont know what to do.
The contractor claims he'd need to tear the window out and the roofing to determine the cause for sure. But that $4k of expenses and I cant afford that. The tenant doesnt want to be in there, they are on a 2yr lease.
Messy situation - but I dont know what to do.
Posted: Tue Aug 31, 2010 07:18 pm Post Subject:
First, you should contact your carrier and see what they have to say. Anyone can tell you, it's this company... but ultimately its _that_ companies decision on who should cover it. This is a _very_ tricky situation.
I can tell you from my experience that your HOA is simply going to deny that they have anything to do with this. It won't matter if it is their problem... they won't do anything. They _love_ to collect people's money, run peoples lives but when it comes to accepting responsibility, they won't.
I'd notify your carrier and send a certified letter to your HOA. Let them know that this may be their issue and allow them to inspect the damage or be present when it is inspected.
If its outside and was due to incorrect workmanship it might be the builders responsibility. You should see if the HOA has a record of the builder and the builders insurance company at the time. Most likely the builder is no longer in business (they get out quickly so they don't need to deal with issues they create) but their carrier should still have a policy for when the work was done. You need to put this carrier on notice as well.
Posted: Tue Aug 31, 2010 09:29 pm Post Subject:
Thanks - the HOA is very hard to deal with. I'll send a certified letter. Should that letter contain the date, damage and information from the window guy? Is this standard?
With a hurricane coming this weekend, i wonder what the HOA is going to think when the damage continues to cascade through the building to the lower floors.
Posted: Tue Aug 31, 2010 10:28 pm Post Subject:
Should that letter contain the date, damage and information from the window guy?
I'd send that info. Send them what ever estimate you have. In the letter state that it appears its an issue with the outside of the building and as such, you are asking them to address the matter. Offer to allow them to inspect and given them 14 or 30 days.I'm sorry to say but this is not going to be an easy process. I've seen these things drag through the claim/court system for years. HOA's are one step up from the devil.
You also need to bring the builder in and their insurance company.
Posted: Wed Sep 01, 2010 12:19 am Post Subject:
HOA's are one step up from the devil.
I thought they were in bed together!
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