AboutDenise Expertise I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.
Expert: Denise Date: 6/24/2008 Subject: HOA refuses to pay
Question I own a garden level condo that has been plagued with water and sewer backups. About 6 months ago, the sewer backed up and left a huge mess. The HOA has a large deductible ($10000)and asked me to claim the damage on my personal insurance and they would repay me my deductible. Having always had a good relationship with the HOA, I did so. Immediately after that incident the HOA passed a measure requiring the homeowner to claim ALL damages under their personal insurance if the damage was caused by common elements (the roof, sewer, etc). The HOA would then reimburse the owner a maximum of $500 toward their deductible. Well, I had another damage causing backup, and I do not feel I should have to continue claiming these on my personal insurance! The HOA sent me a $500 check, but I don't want it, I want the entire amount! Is it legal to require the homeowner to use their personal insurance, regardless of fault? Doesn't the HOA have a duty to fix this recurring issue? What steps can I take to get the HOA to accept its responsibility for this?
Answer Hi Joni-
I'm not an attorney, but HOA's can, but vote, change anything in the agreement between the HOA and the unit owners. You may want to take the original HOA agreement and the revision to it to an attorney to see if what they are doing is legal. The HOA makes condo insurance complicated, because it states what is the unit owners responsibility, and what is theirs. Sorry I can't be of more help. :) Denise
