Is HOA Liable for Water Damage?

[isarucks]

I notified my HOA via email of a defective sprinkler head in my front yard which is maintained by the HOA. That same night, the still defective sprinkler shot water up through ventilation holes in the soffit of my roof. The water collected and seeped through the ceiling of my garage, damaging the drywall and finish. The damage was cautiously assessed at $500.

My HOA refers me to my homeowner's insurance and denies any responsibility. My homeowner's insurance, though, has a $1,000 deductible.

My question: would this damage be covered by the HOA's liability insurance? Is the case worth pursuing with the HOA?

Thanks for any insights you might have.

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

 

[justalayman]

without the notice, possibly not but if they were given notice prior to the damage, I do not see why they wouldn't be liable. The only argument I can venture to guess as an argument would be they did not, in their wildest speculation, think that it might cause the type of damage it has. I do not believe their lack of imagination is a valid defense.

 

[isarucks]

Thank you for your prompt response. The notification email was sent at 2:30pm that day and the HOA responded with the promise to send in a work order. The damage occurred that same night, sometime after 6pm when the sprinklers are timed to go off.

Would the relatively short time between notification and damage be grounds to dismiss liability claims? I'm envisioning a Small Claims Court scenario.

 

[justalayman]

an email; great. That means it was in writing and you have proof. Verbal is so hard to prove sometimes.

I do not believe the time frame relieves them of liability. The biggest argument, for them, would be just what you said to them concerning the sprinkler. There is a difference between a malfunctioning sprinkler and one that is spraying water everywhere other than where it should be.

I do have a question though: to notice the head being damaged, I have to presume the sprinkler was operating. If the malfunction allowed your soffit to be sprayed, why didn't you realize it at the time you observed the malfunction and did something to prevent the damage?

 

[isarucks]

You may accuse me of the same lack of imagination that we hope would not be an argument in Small Claims Court for the HOA. Honestly, I did not expect damage to my house when I found the sprinkler head popped out on the walkway right before I sent my first email to the HOA.

After the damage had occurred, I sent another, this time more urgent email request for repair to the HOA in the middle of the night. I was rather surprised that the work crew I happened to catch the next day in front of my house had not heard about a work order. They repaired the sprinkler upon my request, but the question of negligence on the part of the HOA remains.

 

[justalayman]

isarucks;2858954]You may accuse me of the same lack of imagination that we hope would not be an argument in Small Claims Court for the HOA. Honestly, I did not expect damage to my house when I found the sprinkler head popped out on the walkway right before I sent my first email to the HOA.

I think you missed my point. If the sprinkler was spraying, then it would be reasonable that you would realize it could spray your unit. If the sprinkler was not operating and the only reason you knew there was a problem was the head lying on the ground, then I do not see you as failing to act.

After the damage had occurred, I sent another, this time more urgent email request for repair to the HOA in the middle of the night. I was rather surprised that the work crew I happened to catch the next day in front of my house had not heard about a work order. They repaired the sprinkler upon my request, but the question of negligence on the part of the HOA remains.

keep note of that and if you can get somebody to state it in writing, it would help. It shows a lack of intent to repair or urgency on the part of the HOA. That means, even after notification that there was a problem AND it caused damage, there was no apparent intent to repair the situation.

 

[isarucks]

Thank you for all your thoughtful input!! I really appreciate your perspective.