Damage from Common Area

[justalayman]

On your insurance or the coa insurance ?

 

[MIKEPIN]

On my insurance.

The HOA is unwilling to involve theirs.

 

[justalayman]

I can’t post the entire section so go here

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html

Go down to section (11). Print out that entire section. Read it. Learn it. Give a copy to your HOA and tell them to read it and learn it. They don’t appear to have an option to not involve their insurance provider.

 

[festival]

I did not (completely) ignore that section. My first post says " not including the paint on the wall and your personal property." The section you quoted fills in some more exclusions.

The Florida Statute requires the association to pay to repair the condo unit, in most cases:
"(j) Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense."

Regarding the $2500 deductible, it is an association expense in most cases. (j) also states:
"All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that:..." and then there is a long list that I do not think applies, might though.

An exception:
"(k) An association may, upon the approval of a majority of the total voting interests in the association, opt out of the provisions of paragraph (j) …"

Did I ignore any more statutes? Sure did. There is a lot more detail. Read the linked articles that explain it. Again, put in insurance claims to work out all the details.

 

[festival]

Sorry, I thought the $2500 was the association's deductible. The association does not pay for your deductible. Their insurance should pay to fix your unit (not including personal property), and the association pays their own deductible. In most cases.

 

[justalayman]

I did not (completely) ignore that section. My first post says " not including the paint on the wall and your personal property." The section you quoted fills in some more exclusions.

The Florida Statute requires the association to pay to repair the condo unit, in most cases:
"(j) Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense."

Regarding the $2500 deductible, it is an association expense in most cases. (j) also states:
"All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that:..." and then there is a long list that I do not think applies, might though.

An exception:
"(k) An association may, upon the approval of a majority of the total voting interests in the association, opt out of the provisions of paragraph (j) …

Did I ignore any more statutes? Sure did. There is a lot more detail. Read the linked articles that explain it. Again, put in insurance claims to work out all the details.

The $2500 deductible is the op’s insurance. The hoa does not have to pay That


It also has not been established this was an insurable event


But beyond anything else, can you guess where mold is seen by the op? Maybe on the wall covering? The repair consists of treating the mold, which is again, on the surface of the wall.

 

[MIKEPIN]

Sorry, the mold is on the baseboard but also on the wooden floor before it.

 

[festival]

$4,000 in damage is greater than your deductible of $2500. Have you made a claim on your insurance? It would likely straighten out a lot of this. I suspect that some of that $4000 is for the common elements. Is the wall between condos a common element?