Am I responsible for the HOA insurance deductibledue toa flood in my apartment?

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Am I responsible for the HOA insurance deductibledue toa flood in my apartment?

My condo flooded about a year ago as a result of frozen pipes. After 8 months of back and forth drama the insurance company finally paid out. Today I received a letter from the HOA stating I owed them half of the insurance deductible ($2500). Can they do that? What recourse do I have?

Asked on January 21, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is all depends on whose fault the frozen pipes were and whether the pipes that froze were internal (that caused a chain reaction) or external or part of the common areas. It is more likely the latter so no, you are not responsible for the insurance deductible. This is the fault of the building and unless the HOA can pull a specific provision from the bylaws, then you are home free. Explain to the HOA you have no responsibility for a deductible and put the burden on the HOA to prove you do. If you signed onto the HOA insurance, then there may be a provision regarding deductibles. However, review your copy of it (you should have a copy by now) and file a complaint with the state insurance department and the agency in your state that handles matters regarding HOA's.


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