Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 5, 2011

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Insurance Question from Lyndhurst, NJ

Asked on 12/05/2011

Who is entitled to the full amount of the assessment. There was a flooding in my condo last year. The insurance company paid the condo association but the association has forced some condo owners to settle prematurely giving them only what it cost them to repair their condos and keeping the balance. Do they have the right to keep the balance of the money and not tell the the true value of the assessment. Do the individual owners of the condos affected have the right to all of the assessment.

Answer given on December 07, 2011

If the flooding damage to your condominium was covered by the Homeowner Association and the repairs made to each condominium were sufficient to put the condominium back to its original condition, it seems there would be no issue between the unitowner and the association. The insurance company and the Homeowner Association worked out a settlement to repair the units that were damaged. It seems odd that the repairs would cost less than the settlement with the insurance company, but it is not impossible that the association was able to have found a contractor willing to make the repairs at a lower cost.If you and the other unitowners are not experiencing any financial loss or expense from this claim it should not be a concern to you as to the amount collected by the association or the amount spent for the repairs. However, if an assessment was made to you by the association then you might have a standing to see the settlment from the insurance company and the amount spent on repairs.


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