Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Condos and Co-Ops

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #16  
Old 04-13-2009, 11:12 AM
Member
 
Join Date: Feb 2003
Posts: 31
Last two posts:

When I talk to my "own" insurance (which covers my possessions in case of burglary, fire, etc., and also handles liability insurance), they tell me that my HOA's master policy is the one to rebuild the interior of my condo and to have the HOA file a claim with them. Of course, at first the HOA was refusing to file a claim, period. When I told my "own" insurance they said, "They're going down the wrong road . . ." My HOA were rather rude and nasty with me as they kept insisting for the first several days that the burned-out condo was my problem, not theirs. But after I started insisting they put their position, and their decision not to file a claim for me with the HOA master policy, IN WRITING, the tune suddenly changed.

I suppose "my" insurance company would have somehow fought it out with the HOA's master policy insurance company.

It just makes me uneasy as I feel the HOA Board was trying to pull a fast one on me by "refusing" to file a claim for me under the master policy. I tried talking to the master policy insurance company, but I can't file a claim directly with them myself as I am not the "actual" name on the policy, even though I am/can be a beneficiary of the insurance policy since my monthly dues goes towards paying for the insurance policy every month, and since I am covered under that policy as one of the owners of a condominium in that association.
  #17  
Old 04-13-2009, 12:53 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by goodbirdie View Post
Last two posts:

When I talk to my "own" insurance (which covers my possessions in case of burglary, fire, etc., and also handles liability insurance), they tell me that my HOA's master policy is the one to rebuild the interior of my condo and to have the HOA file a claim with them. Of course, at first the HOA was refusing to file a claim, period. When I told my "own" insurance they said, "They're going down the wrong road . . ." My HOA were rather rude and nasty with me as they kept insisting for the first several days that the burned-out condo was my problem, not theirs. But after I started insisting they put their position, and their decision not to file a claim for me with the HOA master policy, IN WRITING, the tune suddenly changed.

I suppose "my" insurance company would have somehow fought it out with the HOA's master policy insurance company.

It just makes me uneasy as I feel the HOA Board was trying to pull a fast one on me by "refusing" to file a claim for me under the master policy. I tried talking to the master policy insurance company, but I can't file a claim directly with them myself as I am not the "actual" name on the policy, even though I am/can be a beneficiary of the insurance policy since my monthly dues goes towards paying for the insurance policy every month, and since I am covered under that policy as one of the owners of a condominium in that association.
**A: ok, what has your insurance company done thus far, since last week?
  #18  
Old 04-13-2009, 12:59 PM
Member
 
Join Date: Feb 2003
Posts: 31
Home Guru, my "own" insurance company? Nothing that I know of! (edited to clarify - nothing in the past week, that is. They've done plenty since the time of the fire - see below.) In fact, I have a call in to them as of this morning.

A contractor that came out and estimated the job for the HOA master policy insurance called me over the weekend, asking for the keys to my condo as they said they got the green light from the HOA master insurance, and want to start clearing out my condo and start demo work. I HAVE SEEN NOTHING IN WRITING from anyone? Not their estimate of what work they plan to do, etc.?

My "own" insurance, since the fire, has: paid for my 15 days at a hotel, hired a company to find me temporary housing until the condo is rebuilt, said company found me housing, my insurance has paid for the lease, paid for rental furniture, appliances, household goods to furnish the rental; has sent out an adjustor for the personal property loss portion of the claim, which said adjustor has declared a total loss and given me an advance ($5000) on the personal property loss (which has a cap of $34,000); has opened an liability claim as one of my neighbors is claiming damages due to smoke (had to go to ER the night of the fire, and had to stay somewhere else for a week while a cleaning company cleaned, aired out, etc. his condo).

Last edited by goodbirdie; 04-13-2009 at 01:02 PM.
  #19  
Old 04-13-2009, 01:08 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by goodbirdie View Post
Home Guru, my "own" insurance company? Nothing that I know of! (edited to clarify - nothing in the past week, that is. They've done plenty since the time of the fire - see below.) In fact, I have a call in to them as of this morning.

A contractor that came out and estimated the job for the HOA master policy insurance called me over the weekend, asking for the keys to my condo as they said they got the green light from the HOA master insurance, and want to start clearing out my condo and start demo work. I HAVE SEEN NOTHING IN WRITING from anyone? Not their estimate of what work they plan to do, etc.?

My "own" insurance, since the fire, has: paid for my 15 days at a hotel, hired a company to find me temporary housing until the condo is rebuilt, said company found me housing, my insurance has paid for the lease, paid for rental furniture, appliances, household goods to furnish the rental; has sent out an adjustor for the personal property loss portion of the claim, which said adjustor has declared a total loss and given me an advance ($5000) on the personal property loss (which has a cap of $34,000); has opened an liability claim as one of my neighbors is claiming damages due to smoke (had to go to ER the night of the fire, and had to stay somewhere else for a week while a cleaning company cleaned, aired out, etc. his condo).
**A: demand that your insurance company sue the HOA insurance company or in the alternative, hire an attorney and sue the HOA.
  #20  
Old 04-13-2009, 01:11 PM
Member
 
Join Date: Feb 2003
Posts: 31
HomeGuru, okay . . . even though it "seems" like the HOA insurance has hired a contractor to do "something" in my condo? I just don't know what they plan on doing; what they're covering, etc.? How do I know they'll do the job right? There WAS structural damage to the roof truss. There has to be re-plumbing, electrical, everything really.

Well, that's why I do have a call in to my "own" insurance right now. Do they ride herd on what the HOA's insurance is doing?
  #21  
Old 04-13-2009, 01:29 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by goodbirdie View Post
HomeGuru, okay . . . even though it "seems" like the HOA insurance has hired a contractor to do "something" in my condo? I just don't know what they plan on doing; what they're covering, etc.? How do I know they'll do the job right? There WAS structural damage to the roof truss. There has to be re-plumbing, electrical, everything really.

Well, that's why I do have a call in to my "own" insurance right now. Do they ride herd on what the HOA's insurance is doing?
**A: feel free to hire your own construction consultant say an architect, structural engineer or home inspector.
  #22  
Old 04-13-2009, 01:35 PM
Member
 
Join Date: Feb 2003
Posts: 31
Quote:
Originally Posted by HomeGuru View Post
**A: feel free to hire your own construction consultant say an architect, structural engineer or home inspector.
Ahhh . . . good idea! I didn't even realize there was such an animal!

Is it crazy for "some construction company" to start work on my condo, without me even knowing (in writing please?) what it is exactly they plan on doing? I'm just supposed to turn over the keys to my condo and let Tweedledee and Tweedledum Construction Company do "something?" And then at the end of it all, they hand me back my keys and say, "Hope you like what we did with the place?"
  #23  
Old 04-13-2009, 01:39 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by goodbirdie View Post
Ahhh . . . good idea! I didn't even realize there was such an animal!

Is it crazy for "some construction company" to start work on my condo, without me even knowing (in writing please?) what it is exactly they plan on doing? I'm just supposed to turn over the keys to my condo and let Tweedledee and Tweedledum Construction Company do "something?" And then at the end of it all, they hand me back my keys and say, "Hope you like what we did with the place?"
**A: I understand your concerns so in this case you should request the plans and specifications, copy of building permit etc. from the HOA.
  #24  
Old 04-13-2009, 02:28 PM
Member
 
Join Date: Feb 2003
Posts: 31
Thank you so much, HomeGuru (and everyone else, too) for your replies and wisdom in helping me sort this thing out.

Much appreciated!
  #25  
Old 04-13-2009, 05:50 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Good luck to you and follow up the way you know how.
  #26  
Old 04-14-2009, 05:34 PM
Member
 
Join Date: Feb 2003
Posts: 31

Good News


HomeGuru, et al

I feel relieved. I got a "proposal and contract" copy from the construction company who is rebuilding my condo. The HOA has been given a check for the amount their estimator gave for putting my condo back in its original, pre-fire state, and the construction company has been given the green light to start clearing out and demo, then repair/rebuild.

The "statement of work" portion of the "proposal and contract" seems to indeed cover everything that needs to be done! - - i.e., demo down to the studs, repair/replace electrical, plumbing, heating/venting; special paint to structure to mask smoke smell; drywall, ceilings, flooring/carpeting, kitchen cabinets, fixtures (NOT appliances), bathroom cabinets, fixtures, A/C, central air heater, fireplace, doors, windows. All materials "construction standard" and the contractor said he'd alert me at times, when appropriate, to find out if I want to upgrade anything (I understand - at my cost; but while they're doing all this, why not upgrade a few things, especially in kitchen & bath?).

They started clearing out and demo-ing today!
  #27  
Old 04-17-2009, 12:25 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by goodbirdie View Post
HomeGuru, et al

I feel relieved. I got a "proposal and contract" copy from the construction company who is rebuilding my condo. The HOA has been given a check for the amount their estimator gave for putting my condo back in its original, pre-fire state, and the construction company has been given the green light to start clearing out and demo, then repair/rebuild.

The "statement of work" portion of the "proposal and contract" seems to indeed cover everything that needs to be done! - - i.e., demo down to the studs, repair/replace electrical, plumbing, heating/venting; special paint to structure to mask smoke smell; drywall, ceilings, flooring/carpeting, kitchen cabinets, fixtures (NOT appliances), bathroom cabinets, fixtures, A/C, central air heater, fireplace, doors, windows. All materials "construction standard" and the contractor said he'd alert me at times, when appropriate, to find out if I want to upgrade anything (I understand - at my cost; but while they're doing all this, why not upgrade a few things, especially in kitchen & bath?).

They started clearing out and demo-ing today!
**A: ok, good luck to you.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:21 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.