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The Association insurance

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Paulv82003

Junior Member
What is the name of your state? Pennsylvania

On October 25th 2003 while in the process of pulling into my garage I accidentally damaged the overhang or soffit above the garage. The next day I called the condominium association and notified them of the incident. They stated that they will send someone to fix it. After numerous calls someone eventually came out and completed the repairs on August 25, 2004. About a month later I started receiving late notices indicating that my Association dues were not paid. Upon further examination I noticed that the Condominium Association was applying my monthly electronic payments to the outstanding repair balance and not to my association dues account. This was also done without my consent.

I called the Association and spoke to *******. She confirmed that part of my condo association fees pays the insurance for outside of the building. At this time I inquired if the damage should be covered by the Association’s insurance. She replied that because the amount is below association’s insurance deductible, they would not cover it. She further suggested that I should go to my insurance.

Since I was not informed that I would be billed for this damage, and subsequently should submit to my insurance company:
1. I have no visual record of the incident with which to submit a claim,
2. I nor my insurance company had no opportunity to get a competitive bid for the repairs.

The monthly payments of $110 that are automatically being withdrawn from my checking account have been only authorized for the payment of dues; I never gave the Association permission to apply these funds towards any other balance. The Association has decided to apply the withdrawals to the $720 damage in order to also collect an additional $10 late fee every month.

I have both called and e-mailed ******* at Condominium Association numerous times. About four months ago after Association Board of Directors has decided that they will not submit this claim to their insurance for the reasons stated above, I informed Association rep that I was willing to deposit the $700 into an escrow account to avoid any additional late fees until the dispute is resolved by a third party. She initially agreed, but I have not heard from her since then, and she has not responded to my repeated contact attempts. The only correspondence I continue to receive from the Condominium Association are statements with late fees and nothing else. The last time I called Association rep, the she would only state that they will take me to court if I do not pay the $700. I have tried in good faith to resolve this issue, and I am only pursuing this as a Civil Complaint because the Association is unwilling to try to reach a reasonable settlement. This has left me with no other alternative. In addition, I have attached two emails that were send to condominium association and breakdown of the responsibilities that was given to me the time of the sale. Page 4 of the Association Responsibility List has Roofs, Siding, Trim and Soffits listed as Association’s responsibility.

Than you,
Paul
 


ALawyer

Senior Member
You are making a mountain out of a mole hill. And I think you are in the wrong.

YOU caused the damage with your car. (Assume you knocked over a light post on someone else's unit and that cost $700 to fix. You'd be liable and you might want your auto liability coverage to pay that.) The Condo assocation doesn't want to file a claim as it is below their deductible and might raise the costs of their insurance on renewal. And if the Condo's carrier did pay, it would seek to hold you liable in subrogation to the insurer.

Check the deductibles on you policies and if you think it makes sense, notify your homeowners and auto insurance company. The records of the Condo association will establish the damage and cost of repairs. But next year, your carriers may cancel or jack up your rates for the chargeable accident.
 

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