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rosa198 · Sep 25, 2012, 08:59 AM

I have paid for a parking space in our subdivision with an HOA. OUr car was damaged to due flooding from a broken sprinkler system (underground pipe burst). The HOA doesn't want to cover the cost to repair our car. What is our legal right?

ScottGem · Sep 25, 2012, 09:51 AM

First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

What you need to do is file a claim with the HOA's liability insurance carrier. Whether it will be covered or not depends on their policy. If the insurance doesn't cover it and the HOA refuses to pay, you will have to go to court.

Whether you can win or not depends on whether the sprinkler system was not properly maintained and the HOA was aware system might burst.

I'm curious, how was your car damaged?

AK lawyer · Sep 25, 2012, 10:59 AM

Originally Posted by ScottGem

... I'm curious, how was your car damaged?

As am I. Water doesn't usually damage a parked car, unless it is under extreme pressure or, I suppose, unless it caused erosion which made the care fall into a hole or something.

ballengerb1 · Sep 25, 2012, 12:08 PM

File a claim with your insurance and let your insurance sue the HOA. Was the car under water due to flooding? The HOA will not be liable if this was a city water main or supply.

rosa198 · Sep 25, 2012, 04:55 PM

Originally Posted by ScottGem

First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

What you need to do is file a claim with the HOA's liability insurance carrier. Whether it will be covered or not depends on their policy. If the insurance doesn't cover it and the HOA refuses to pay, you will have to go to court.

Whether you can win or not depends on whether the sprinkler system was not properly maintained and the HOA was aware system might burst.

I'm curious, how was your car damaged?

Our parking space was filled with water. Water entered through the door jams and soaked the carpet and created some molding. There was about 2 inches of water inside the car. The board was aware that the parking spaces did get flooded but didn't disclose this info. When I bought the space. And the manager of the HOA is aware that the sprinkler system is failing

ScottGem · Sep 25, 2012, 05:01 PM

Hmm, for your car to have 2 inches of water inside would mean there was probably more than 8 inches of water in the parking space. How does a parking space hold that much water?

But the answer remains the same, either file a claim against the HOA insurance carrier ot on your insurer and let them sue the HOA.

Of course, you understand, if you do, it will probably come back to haunt you.

rosa198 · Sep 25, 2012, 05:05 PM

My husband is 6'2 and the water was just above his calf. We also have pics to show our HOA

ScottGem · Sep 25, 2012, 05:11 PM

But how does that happen? Generally parking spaces do not have sides. At the most there are walls on only 2 sides. So I find it hard to imagine so much water accumulating.

I'm curious you can upload picutres to the thread.

But that still doesn't change the advice.

JudyKayTee · Sep 25, 2012, 06:04 PM

Originally Posted by ScottGem

But how does that happen? Generally parking spaces do not have sides. At the most there are walls on only 2 sides. So I find it hard to imagine so much water accumulating.

I'm curious you can upload picutres to the thread.

But that still doesn't change the advice.

I'm a liability investigator - claim it on YOUR auto insurance. They will file a claim with the HOA and its insurance carrier. Meanwhile, your car gets repaired and you're not in the middle of the fray.

I have no idea why you would look directly to the HOA - ?

ballengerb1 · Sep 25, 2012, 06:32 PM

I see below grade garages all of the time, almost like a lookout basement under condos. Like I said earlier, file with your insurance and let them go after the HOA. Do you know if the burst pipe was owned and maintained by the HOA or the city?

Fr_Chuck · Sep 25, 2012, 06:50 PM

I am just nosey as to how this looked and happened.

But I agree, to get it fixed faster, personally I would make claim with my insurance carrier, get it fixed and let my insurance sue the HOA, it is a lot less personal that way.

But you can file a claim directly with the HOA insurance carrier and if they say no, you file a law suit against the HOA directly.

And to move one step further, how involved are you in the HOA, do you go to meetings, vote for the officers. Remember in one thought, you are part of the HOA . As such, should be active in it.