Am I responsible for the deductible?

[mderamus]

What is the name of your state (only U.S. law)? Texas

My condo flooded last Feb 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 ($2500.00)! Can they do that? What recourse do I have?

 

[justalayman]

not enough info to even start addressing this.

Why is the HOA demanding 1/2 the deductible?
whose insurance finally paid?
what does the HOA have to do with this situation?
who is at fault concerning the frozen pipes?

 

[mderamus]

Answers to your questions

Why is the HOA demanding 1/2 the deductible?
Two units flooded during the freeze, mine and someone elses. They're asking for me to pay half and the other owner to pay the other half.

Whose insurance finally paid?
The HOA has a policy that covers the entire property. This (the HOA) insurance policy paid out.

What does the HOA have to do with this situation?
They paid the policy. Well really the management association paid it on behalf of the HOA.

Who is at fault concerning the frozen pipes?
No one really. It just got really cold (unusually cold in fact) and our units were built in the 80s. Mine and another tenants pipes actually burst which led to the flooding.

Does that help?

 

[justalayman]

Who is at fault concerning the frozen pipes?
No one really. It just got really cold (unusually cold in fact) and our units were built in the 80s. Mine and another tenants pipes actually burst which led to the flooding.

well, somebody is at fault, or more correctly, liable. Depending whether this is considered a common element, a limited common element, or an individual/private/unit element, who is liable would vary. You would be liable for not only the deductible but the entire cost if it is an unit element. Depending on the HOA bylaws, you may or may not be liable for the costs for a limited common element and you are not liable for a common element.

Beyond that, there can be some level of fault as well. If the actions of any particular party, or lack of actions, caused the damage, then they can be held liable regardless who would be liable based on the determination of common, limited common, or individual/private/unit element.

 

[mderamus]

More answers...

The pipes that burst are in the walls of the unit. This is considered part of the common property which is why it was covered by the HOA insurance policy. To the best of my knowledge, I believe the HOA is responsible for the following reasons:

1. the main reason the insurance company drug out the payout for so long was because they felt the flooding would not have happened if the HOA had posted information reminding tenants to turn on their faucets to drip

2. according to the insurance policy, if I am at fault for the water leakage, then they don't have to pay out

Although technically, I've never had the discussion with the HOA of who's fault it is - this leads me to believe the ownness is on them. Not sure if that's accurate though. How do I find out whose fault it is?

 

[justalayman]

. How do I find out whose fault it is?

I wouldn't be concerned with that. If it was a common element, then the HOA is liable. If they believe you are liable, let them show why.

1. the main reason the insurance company drug out the payout for so long was because they felt the flooding would not have happened if the HOA had posted information reminding tenants to turn on their faucets to drip

that is exactly why they shouldn't be coming after you. If it was the HOA's error in not requesting you allow some water to flow, that was the HOA's error, not yours. Tell them it was the HOA's error for not asking you to run some water so go after the HOA for the deductible.

Besides that, I do not believe even if they had given a directive to allow water to flow it would have relieved the HOA of liability. It is the fact the pipes are not properly protected from the weather that caused them to burst. Not that you had not opened your faucet. What would they do if you were on vacation in Europe over that period of time?

So, the construction of the common elements is not within your control. While it would have been great if, given this is a very unusual situation, you could have prevented the damage by opening a faucet, I do not believe you are liable for anything because you didn't.