Homeowners Associations and Property Owners Associations
If a Homeowners Association (HOA) or a Property Owners Association (POA) runs your community of apartments, condominiums, high-rises, or townhomes, unique circumstances can arise in the event of property damage. Often, property owners in these types of dwellings will own multiple units within one building or a set of buildings. The duties of a HOA or POA are often very complex and governed by a state’s Condominium Act and other laws. Regardless of the state or location, a homeowners association always has the responsibility to safeguard and protect the property, even if it means pursuing a recalcitrant insurance company through litigation with the help of a HOA attorney.
A condominium or property owners association typically maintains the common areas and common elements of a development or building, such as its roof and exterior. In support of that duty, the association must maintain appropriate and adequate insurance. Generally, the association is responsible for damage to the expensive common structures and areas, whereas the individual unit owner is only responsible for damage on the inside of his or her unit.
Condominium association insurance should generally cover areas such as:
- Air conditioning
- Electrical wiring
- Exterior windows
- Other building infrastructure
- Outside walls of buildings
- Parking lot
- Plumbing and drainage systems
- Pools and pool decks
- Tennis courts and other communal recreational spaces
A Pattern of Shirking Responsibility
Homeowners association claims involving multi-family buildings such as an apartment complex can be very expensive for an insurance company. There are multiple buildings, which means multiple roofs and high repair costs. Even though most insurance companies conduct what is called an “underwriting inspection” or “loss control survey” before issuing a policy and taking a premium, it becomes a whole different ball game after there is a storm, fire or water loss. In the eyes of the insurance company, obvious hail and wind damage can be dismissed as poor maintenance by the owner, prior damage, or manufacturing defects. Remarkably, we have even seen insurance companies refuse to pay a property owners association claim because they claimed the damage to the roofs resulted from bird droppings, not a massive hail storm.
POAs and HOAs are often governed by unit owners volunteering for their roles as managers. Few have the time to deal with the extensive efforts needed to satisfy an insurance company that just won’t cooperate. With years of experience in working with the boards and officers of various associations, a homeowner’s association insurance claim attorney at Raizner Slania has the experience and skill to help.
Our property damage lawyers have represented many associations in their disputes with an insurance carrier that denies or delays an HOA’s claim.
Our Experienced HOA Attorneys and Insurance Trial Lawyers Help Homeowners Associations With Insurance Disputes
Our Texas property damage lawyers represent condominium and homeowners’ associations in insurance matters across the country. We can help you recover your rightful compensation in damage claims and/or help your settlement insurance disputes.