Am I responsible for the HOA insurance deductibledue toa flood in my apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.