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Last Post 08/15/2007 12:51 PM by  PeakPhil
HOA vs. Insd's Special 7 on a condo patio enclosure...
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PeakPhil
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06/25/2007 10:40 PM

    Long time reader, first time poster here...

    Hail Storm occured in Ohio. 

    A HOA carrier is denying coverage on a patio enclosure, which is attached with no gaps to a single-unit dwelling.  The patio was built by the original homeowner, who still owns and occupies the dwelling full-time.  The homeowner purchased a Special 7 "Elite" policy from a carrier to insure her belongings, as well as the enclosure. 

    The I/A for the HOA is stating no coverage because the policy only covers original structures.  He is denying information as to the carrier, and policy type.

    Ironically I have a friend who lives in the development, and he's telling me that the adjuster is denying all claims stating that the insureds must repair their hail damaged houses because they are in violation of the HOA agreement. 

    Any theories on this one?  No idea what the HOA's policy holds...yet, but I understand HOA policies are somewhat standardized like H.O Forms...

     

    Thanks!

    Phil

     

     

     

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    dcmarlin
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    06/25/2007 11:18 PM

    With the limited info provided, I tend to agree the enclosure is probably a unit-owner item and may be covered by the HO and not the HOA policy/carrier. But, without having access to the condo documents, policies and/or knowing the state where the claim is involved, it is impossible to give you an correct answer.

    You mentioned Ohio, I missed that.  My reason for knowing the state is that some state statutes will override condo documents.

    Dave

    Gimme a bottle of anything and a glazed donut ... to go! (DLR)
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    01Snake
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    06/26/2007 12:01 AM
    I'm having Wilma flashbacks and the dreaded condo patio-enclosures. Nobody (Homeowners carrier or the HOA's carrier wants to admit they cover it.
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    Tom Rongstad
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    06/26/2007 11:04 AM

    Deleted

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    Tom Rongstad
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    06/26/2007 11:08 AM

    Deleted

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    Ray Hall
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    06/26/2007 6:33 PM

    The adjuster who denied the loss for the unit owner must have all the forms. The space owner must have a copy of his policy. I would like to comment as you said he purchased a delux 7 which covered his contents AND THE ENCLOSURE, was this incorrect?

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    vallerih
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    06/28/2007 7:57 AM

    Phil, in order to properly adjust any condo policy loss, you need to see the bylaws to identify who owns what and who is responsible for what.  After review, you then refer to your policy to see if coverage exists. Your unit owner is part of the association and therefore an insured under that policy as well. Part of his condo fees go to pay for this association policy. Your unit owner should be able to request a written denial from the association adjuster to include relevant portions of the policy. I usually call the other adjuster to discuss because it certainly leaves everyone in an unfortunate situation when insurance carriers are arguing over which should pay. Another thing to consider is the association deductible. In many cases they are quite large or a percentage of the coverage limit so your questions over coverage may be mute. Your insured is going to have enough building coverage to satisfy the enclosure.  If the other adjuster refuses to cooperate have your guy address the association president for assistance. I am sure there are other unit owners having the same problem.  I have seen association bylaws/contracts where the association indicates they will purchase insurance for all building items. Hope this helps and good luck.

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    sbeau4014
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    06/28/2007 9:53 AM
    Valleri, one other thing that must be reviewed and is as important, if not more so, then the by-laws, ccr's etc are the state statutes. There are some states that have laws on the books that supercede what the by-laws and policy say, and that will govern how it is adjusted. I believe that LA and FL are two such states that the laws play a heavy hand in this determination.
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    vallerih
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    06/28/2007 4:39 PM

    You are correct Steve, since the loss is in Ohio and I am from Ohio I didn't mention that but it should be noted since all states are not the same.

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    Tom Rongstad
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    06/29/2007 10:08 AM

    Deleted

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    PeakPhil
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    07/03/2007 11:09 PM
    I just wanted to say thank you to everyone for their input thus far. So far we've only received a copy of the 'Single Family Detached Homeowner's Association' Agreement from the Reality/Mgmt company, despite our letter to the HOA/COA carrier. The development has both a condo's and homeowner's association, as both types of units exist. This unit is single family attached to another single family if that changes anyone's opinion. At this point I am unsure which the insured belongs to as they have not gotten back to me either, and I fear the carrier's adjuster may have mis-fed them information. Ironically I have a good friend who lives in the development and he says the HOA/COA carrier is denying all claims and saying that owners must repair their property or they void the agreement, thus voiding coverages.

    Interestingly enough, it is fun adjusting Tom!

    Ray, they did insure the enclosure.

    As for specifics, I am yet to receive them.

    By the way...what an excellent board and group of very intelligent adjusters!!

    Thanks for now and I'll update as info becomes avail.
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    Tom Rongstad
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    07/06/2007 2:32 PM

    Deleted

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    PeakPhil
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    08/15/2007 12:51 PM

    Carrier ended up owing for this loss (as anticipated), as the CC & R's did not cover such a loss.  Thanks to everyone for their input!  This is a very helpful group!!  Have a great day.

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