What to do if I am a homeowner in a condo association and had a leak 2 months ago that displaced me and my family for 2 months?

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What to do if I am a homeowner in a condo association and had a leak 2 months ago that displaced me and my family for 2 months?

The leak was caused by roof failure. (coincidentally roof repairs were happeding the week prior.) I am now being charged the deductable for the the HOA blanket policy of $5000, and they paid the contractor for the repairs within on a depreciated value. Am I responsible to pay their deductible when the cause of the damage and roof leak was due to their neglegence and not mine. Second, can they only pay the depriciated value to the contractor for repairs, leaving me to pay the difference (not on personal items but actual repairs (ie. drywall, pergo flooring, painting, etc.)

Asked on January 23, 2013 under Real Estate Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you immediately make a claim with your own insurance carrier as to what you have written about. Whether or not you are responsible for the $5,000 deductible depends upon what the policy of insurance for the HOA states. As such, you need to carefully read this policy. Typically under a policy of insurance you get the costs of repair up to the insured value of the loss.


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