HOA Insurance

Calif--I reside in a condo which recently suffered water damage, due to a clogged toilet which slowly flooded over while I was not home. The owner of the condo does not have homeowner's insurance. The HOA insurance company agreed to handle the claim, if we paid the $1,000 deductible. The HOA president refused to start the claim because he said it might cause the HOA fees to go up. Is there a way we get around the HOA and still file a claim with the insurance company?

[HomeGuru]

Yes, so send the insurance company a certified letter that you are filing a claim against the HOA insurance policy.

Thank you for your prompt response.

[HomeGuru]

You're welcome.

I have another question. Since the HOA Board had previously refused to file the claim, the owner of my condo and the next door neighbor have been having somewhat of a dispute, since her condo suffered some minor water damage as well, (approx. 1/3 of her living room carpet and a piece of furniture). The owner and I have done everything possible to satisfy the neighbor's complaint's, to no avail. She is calling the owner at his job dialy, harrassing him and threatening a lawsuit. So far, we have replaced her entire living room carpet and padding and we are trying to find someone to repair the "alleged" damage to her furniture. The neighbor had someone call the owner today, posing as her lawyer & threatening a lawsuit. Question: In light of the fact that we are doing everything to resolve this matter, how much of a case would the neighbor have if she takes the owner to court?

[HomeGuru]

Are you the tenant and what exactly happened? Why are you taking so much liability?