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Homeowners insurance of condo owners

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A

A550110

Guest
What is the name of your state? Texas

In my condominium complex each owner pays the insurance premium and Homeowners Association purchases Insurance on behalf of the owners in the name of Association. Please note that, according to Condo Declaration, Association is comprised of all owners not of 5 Board of Director.

In Jan 2000, I had hot water flooding in my condo which caused a damaged of approximately $15,000. Even though Texas Condominium Act as well as insurance policy states that the individual owner would be the beneficiary, insurance company gave the money to HOA.

Insurance adjuster brought his own contractor who had business relationship with HOA. He was not replacing the water soaked sheet rocks, instead was painting over it.

I replaced the contractor. Thereupon, HOA refused to give me the money for repairs. I had to borow money for emergency repairs which is accruing a high rate of interest.

Due to disrepair, mold has spread all over inside the condo. I was already unusually highly allergic to molds. By now molds has made me completely disabled and bed-rideen.

The flooding contnued for three hours and could not be stopped because water shut off valve was not functioning which was HOA's responsibility. All owners pay monthly fee for maintenance of every thing outside their units.

Even though my personal belonging of several thousand dollars was danaged in flooding which happened because of HOA's negligence, but HOA's liability company still refused to pay.

Question:

Most probably, I will have to go to court to recover the money because I can not afford to hire an attorney.

1 From among HOA, Property Management Company, Homeowners Insurance Company and Liability Insurance Company, Insurance Adjuster, His Contractor and the Local Insurance Agent, who should I name as defedants.

2 How should I calculate the amount of punitive damages and exemplary danmages. HOA's action was intentional and deliberate. It deliberately breached the contract between HOA and homeowners amd the Insurance Policy Contract.

Because of continuous molds inhalation I have been disabled for the past two years. I an confined in one room. During emergency repairs, kitchen was removed. Therefore, I have to bend over the bathtub numerous times a day to wash dishes etc. It has caused permanent pain in my lower back.

No one visits me because there is no room to sit down. I am confined in one room like a prisoner in solitary confinement.

During last year, my sister was diagonosed with cancer which later became terminal and eventually she died in May 2002. I could not go home overseas to see her because of this legal problem with HOA.

There are several other reasons that caused me mental anguish, depression, anxiety disorder and physical problems.

3 I addition to non-payment of insurance benefits, what other allegations should I write in my original complaint.

NOTE: If someone wants to take over this case, I will be more than happy.
 


C

CIAA

Guest
We are not attorneys and don't give legal advice. Our observations and questions would be:
Isn't the statute of limitations for breach of contract 2 years in Texas? I think so, in which case I believe your claims of breach and associated tort would be barred.

I don't know the limit on bodily injury (your lung problem) ; however, do you have a specialist that will testify to the causation ?

Since you have now been totally disabled for more than 2 years have you filed for and been approved for SSD? If you haven't filed, this could be valuable income replacement and Medicare after 2 years.

Best of luck
 
S

southernponyboy

Guest
It sounds to me like the insurance policy belonged to the HOA, not each individual person. In this case they may have mis-represented the policy to you at the time of purchase. (The Hoa, I mean, not the insurance co) If this was the case then you should have had your own policy the whole time.

As for mold, do you know what TYPE of policy it was? Actually, most ins policies did not ever cover mold or mildew, but it did not exclude them either. You need to get a copy of that policy FROM THAT PERIOD and see what it says about mold. Today, in Texas, you will be hard pressed to find a homeowners policy that will cover mold. Almost nonexistent.

Good Luck!
 
A

A550110

Guest
Reply to CIAA.

Thank you for your interest in helping me.

In Texas, statute of limitation for breach of contract is four years. Additionally, the time period during which some one has been legally disabled is not counted towards statute of limitation. Texas also allows all kinds of punitive damages if breach of contract and the harm caused was intentional and deliberate.

I had pretty much rehabilitated myself and was planning to return to work when HOA’s act again made my condition as disabling as it was in the very beginning. I receive Medicaid, Medicare etc and could have lived a normal life if I did not have this legal problem.

I have two other disabling conditions in addition to the mold problem. My medicine use to keep my anxiety problem under control but since this legal problem started, my medicine stopped responding and I became totally dysfunctional.

The second and the worst problem is that I cannot find an attorney. I guess that attorneys usually either do not get involve in complex cases or individual attorneys just do not accept cases against Homeowners Association (HOA). The attorneys representing HOAs not only belong to a big law firm but they also have very good relationship with the judges because of election contributions. Some of them even play golf with the judges. Judges have the power to give any decision regardless how wrong it could be and sometimes they misuse this power.

Unless a very experienced attorney steps in, I expect a bleak future ahead. With Thanks.
 
A

A550110

Guest
Homeowner insurance of condo owners

Reply to Southernponyboy

I have a copy of the insurance policy. It does clearly state that individual owner would be the beneficiary. Additionally, Texas Uniform Condominium Act states the same. Mold problem is not covered by the insurance policy. It is the result of deliberate and intentional negligence of HOA; and and therefore, HOA is supposed to be penalized.

Basically, HOA knows that I can not hire an attorney charging $225.00 an hour. Therefore, it is not afraid of any bad consequences. Thank you for trying to help me.
 

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