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dfchen · May 7, 2012, 04:55 PM

I live in a condo with an underground gated community parking. My husband's car sustained damage to the paint due to residue which leaked from the pipes above his parking spot. We sent in our request to the management company and received a letter stating that the HOA is not responsible to repair the damages to the vehicle without any explanation. What are the steps we can take to pursue this further? Do we have a case to go through small claims court?

AK lawyer · May 7, 2012, 05:07 PM

It appears that the HOA is liable. Demand to know the identity of it's insurance company, and then file a claim with the insurer.

dfchen · May 9, 2012, 12:27 PM

Originally Posted by AK lawyer

It appears that the HOA is liable. Demand to know the identity of it's insurance company, and then file a claim with the insurer.

Thanks for the quick response. Is the management company required to provide me with the insurance information? They have not been very helpful and I anticipate they might drag their feet or give me an excuse if I ask for this information. How do I file a claim with the insurance company? Do I mail a letter (explaining situation/ pictures/damages) and wait for a mailed response or do I call the insurance company and speak to someone directly? Thanks.

ballengerb1 · May 9, 2012, 02:27 PM

Since this is an HOA you are an owner and privy to all of the associations information. Call the HOA, skip the management, ask you the insurance companies name and address. That or call your Board President and discuss the situation. My HOA would most likely handle the cost of repair rather than have you file a claim. We have a large deductible and would likely pay most of the bill anyway

dfchen · May 9, 2012, 04:12 PM

Originally Posted by ballengerb1

Since this is an HOA you are an owner and privy to all of the associations information. Call the HOA, skip the management, ask you the insurance companies name and address. That or call your Board President and discuss the situation. My HOA would most likely handle the cost of repair rather than have you file a claim. We have a large deductible and would likely pay most of the bill anyway

Thanks! In this case I'm not sure if our HOA will work with us. According to our contact at the management company, she had met with the Board of Directors of the HOA and their conclusion was that they will fix the pipes but will not fix the damage to the car which was stated in the letter that they had sent us. I'm concerned about running into dead ends which may cause a delay in getting our car fixed and may hurt our ability to get reimbursed if we do end up going through the insurance company and they inform us that we took too long to file the claim.

AK lawyer · May 9, 2012, 04:49 PM

Originally Posted by dfchen

... I'm concerned about ... if ... we took too long to file the claim.

Doesn't work that way. If it was your own insurance, you might be obligated to inform the carrier of the claim promptly. But it's someone else (the HOA), and you have notified the HOA. It is the HOA's duty to notify it's carrier. If push comes to shove, you could to file suit against the HOA any time within the statute of limitations (which will be several years). But if you know their insurance company, you would make a claim with it, in the hopes that they (the insurance company) will be reasonable and settle short of litigation.

ballengerb1 · May 9, 2012, 04:49 PM

The Board can only meet with a quoreum at a regularly scheduled meeting, minutes would be taken. I doubt this is what happened, most likely talked to the President or a few directors. That is not their decision to make, they are liable for the damages. Did you get the insurance company's name?

AK lawyer · May 9, 2012, 04:57 PM

Originally Posted by ballengerb1

The Board can only meet with a quoreum at a regularly scheduled meeting, ...

The word for which you are searching would be "quorum".

ScottGem · May 9, 2012, 05:21 PM

Let me get this straight. You have a letter from the management company, acknowledging there is a problem with the pipes that resulted in damage to your car and that they will be repairing the damage but refusing to repair the damage to your car.

The only thing that I see that could possibly allow them to get away with that is how long this condition existed. If the damage to the car occurred over an extended period, they can say that you had contributory liability.

Other than that, the letter sounds like an admission of liability to me.

Now have you reported the damage to your insurance carrier? You may be covered for repair and your insurer will then get reimbursement from the HOA.

You didn't mention are you an owner or are you renting the condo from the owner?

dfchen · May 9, 2012, 07:03 PM

Originally Posted by ScottGem

Let me get this straight. You have a letter from the management company, acknowledging there is a problem with the pipes that resulted in damage to your car and that they will be repairing the damage but refusing to repair the damage to your car.

The only thing that I see that could possibly allow them to get away with that is how long this condition existed. If the damage to the car occurred over an extended period of time, they can say that you had contributory liability.

Other than that, the letter sounds like an admission of liability to me.

Now have you reported the damage to your insurance carrier? You may be covered for repair and your insurer will then get reimbursement from the HOA.

You didnt mention are you an owner or are you renting the condo from the owner?

Yes, the answers have been helpful in getting me to understand what my options are. We own the condo and we live in the Los Angeles County area in California.

After miscellaneous emails to the management company inquiring about the status, the management company responded with:

"I will review the car damage with the board at the upcoming meeting next week. as for the leak, I forwarded everything to the plumber on the 11th and have requested an update."

A week after the meeting I sent another email inquiring about the status. That same day, we received a letter in the mail from the management company stating:

"The Board of Directors have reviewed your concerns regarding the damaged paint to your vehicle. Please be advised that the Association is not responsible to repair damages to your vehicle. Thank you in advance and if you should have any questions please feel free to contact XXX"

A few days later, I received an email from the management company stating:

"Letter is forth coming indicating that the precedent the Board has had for leak issues, is they fix the leak, however the homeowner takes car of their vehicle. As for the plumbers, I am including my assistant on this, so she can check the status with the plumbers."

I'm not sure what I should do next. I haven't gotten the insurance information yet. Can I get this information from the management company or from the HOA.

LisaB4657 · May 9, 2012, 07:17 PM

File a claim with your insurance company. Follow their procedures for getting it repaired. Your insurance company should go after the Association for the claim and should also get your deductible for you.

ballengerb1 · May 9, 2012, 07:57 PM

" is they fix the leak, however the homeowner takes car of their vehicle. " tells me that they have had problems before and should have done more to prevent continuing issues. The previous decisions of the board does not absolve them of liability but many HOA boards think they control more than they really can, power goes to their heads. Show up at their next meeting and tell them you are contacting an attorney and intend to sue for treble damages if they will not turn this over to their insurance company.

ScottGem · May 9, 2012, 08:18 PM

Originally Posted by dfchen

we received a letter in the mail from the management company stating:

"The Board of Directors have reviewed your concerns regarding the damaged paint to your vehicle. Please be advised that the Association is not responsible to repair damages to your vehicle. Thank you in advance and if you should have any questions please feel free to contact XXX"

A few days later, I received an email from the management company stating:

"Letter is forth coming indicating that the precedent the Board has had for leak issues, is they fix the leak, however the homeowner takes car of their vehicle. As for the plumbers, I am including my assistant on this, so she can check the status with the plumbers."

The e-mail confirms that there was a leak. It also confirms a history of leaks.The Board may have set this precedent but its not legal. But I suspect they have gotten away with it because previous owners felt the cost of repainting (generally $200-300) was not worth getting on the wrong side of the HOA Board. Which is something you may want to consider.

I think you have a good case, if you file a claim with their insurer, either directly or through your insurer, you will probably get paid. Almost definitely if it goes to court you will win reimbursement of the repairs to the car as well as court costs. And, in your case, you will have no trouble collecting because you can take it out of your HOA fees.

But you need to consider what it will cost you in terms of the enmity of the Board and possibly your neighbors. Who do you think will ultimately pay for this? Either its paid by their insurance carrier who then raises their rates and the HOA in turn raised maintenance fees. Or it comes out of some reserve fund and, again, fees are raised to cover it.

I'm not advising you not to pursue it, I'm just trying to give you another perspective to consider.

If you decide to pursue, my recommendation is to file a claim with your insurer and let them take the ball.

Fr_Chuck · May 9, 2012, 10:02 PM

If they will not give you any insurance info, just sue them, they will need to turn it over to them at that point.

ballengerb1 · May 10, 2012, 07:00 AM

I do not know what the OP's deductible is but he should not have to pay that portion when it is the responsibility of the HOA. In most states they are required by law to carry liability insurance. I agree, their position is likely illegal but they have apparently gotten away with it in the past. I cuurentl sit on a HOA board and am the past President. HOA boards make many mistakes and often violate the law simply because they are uninformed or are under the impression they have more authority than granted by law. They could easily pay for the repair from their funds without filing a claim which could be cheaper in the long run. Some boards and insurance companies initial deny many claims in the hopes the party will go away.