Condo Damage – Things An Owner Should Be Aware Of
Whether leaks from a failing roof, flooding from a failed common area pipe, or water intrusion as a result of a negligence owner or contractor, water damage to your condo can be a very stressful and trying experience. Over the years as we’ve assisted condo owners in their fight to recover the cost to repair, we’ve identified certain issues that condo owners should be aware of, should they find themselves in a situation wherein they’ve sustained damage to their unit to no fault of their own.
Document Everything – take lots of pictures. Insurance companies will often justify a low-ball offer by claiming there is no proof as to the condition of a unit prior to the remediation efforts. Pictures will help address these issues.
Know Who Is Working For Who – Often during these water emergencies, the HOA may send in vendors such as remediation companies or plumbers to go in and either assess damages or conduct remediation. While the HOA has the authority and right to address common area repairs, when those repairs are adjacent to your separate interest property, there may be disputes regarding causation for example or whether the failed component was common area or not, and therefore it is critical to get business cards and information from all vendors that appear as well as who sent them. Keep in mind, vendors will often try to saddle the unsuspecting owner with bills.
Insurance Companies Are Not On Your Side – Insurance adjusters are not there to make sure that you are made whole and you are okay. They are there to execute the terms of a written contract between themselves and their insured, whether that’s the owner, or the HOA. In doing so, their opinion regarding the cost of a repair is not going to be in your best interest, but rather their best interest. This is not to say cooperating or working with insurance should be avoided. The Owner should always maintain their best interests, especially when negotiating with insurance.
Board Members Are Not Experts – Just because a person is on the board does not make them an authority on repairs, or what constitutes common area vs a unit or who should be responsible. If you’re being told that an owner is responsible for repairs regardless of what component failed, chances are you are being misled whether knowingly or not. Your rights flow from the CC&Rs, the Condominium Plan, and California Law. Consult an attorney if there is any doubt as to liability.
Inventory Everything – To the extent personal property has been damaged, inventory everything by keeping a list of the item, year purchased and gather receipts if available. If your kitchen was damaged and you had to eat out, keep receipts. If you had to move out, keep receipts for all your hotel related expenses.
If you’ve suffered damage to your condo as a result of rain, a failed pipe or other water intrusion incident, contact one of our Property Damage Attorneys today for a free consultation and case evaluation.