The condo master insurance and your homeowners insurance should pay you. This is subject to the deductible though. You should be able tonsubmit a claim to the insurance companies.
I concur with Dave. filing a small claims suit against the association will cost you more than the actual loss. Sounds like the association promptly took action and responsibility - be thankful for that.
It s highly unlikely that a dehumifier would increase your electric bill by even 20 dollars. You can check the watts on the unit and estimate the cost based on the running time. Is replacement cost the correct assumption? Sounds like you need to be more realistic.
I think the Association is responsible for these extra costs. You incurred the costs as a direct result of the damage caused by broken pipes, for which the Association is responsible.
Small claims court in CT is user-friendly where no lawyers are necessary. It is simple to file paperwork with a very low court entry fee. The court staff helps you by explaining stuff. It may take a while to get the case to be heard, however. The small claims court system may be overburdened. Your issues are simple, and as long as you provide your proof and receipts, you should prevail.
My guess as to why the Association is stingy about reimbursement would be that your repair did not involve any insurance payment- in other words, my guess is that the entire cost may have been paid by the Association (unit owner funds). I'm thinking that your Association may have a high deductible (maybe like $5,000 per occurrence), and the deductible was not met in your repair.
To answer your direct questions about small claims - if you win your court costs would be paid too. Small claims court fees are very reasonable. Usually about $50.
I think you are being absolutely unreasonable unreasonable in your expectations. I have never heard anyone asking for electricity bill to be paid. I can tell you if you you asked for this at our association you'd be loughed at and we would welcome your small claims case. If nothing else it would be for the entertainment value.
Remember, association is not an enemy. It's your money you are asking them to pay. If they have to make payment on too many cases like this they will be forced to raise your assessment. Again - it's your money.
My recommendation to all associations is to change their CC&Rs where the association is responsible for common area repairs and owners are responsible for any damage inside their units resulting from ANY problems. Also to change insurance to Bare Walls policy where the coverage is only on common areas and not inside of units.
Each owner should buy their own insurance to cover their units.
Begin with reading your documents. Then understand what the State Condo Act requires as insurance. Some states only require "bare bones;" more require coverage to include that provided by the original builder - wall, cabinet, floor covering, etc.
Then, if you had HO-6 insurance, file your claim for personal belongings, etc.
Condos are not responsible for loss of personal items and usually are not responsible for upgrades such as better quality carpet, wallpaper, furniture.
Your condo insurance apparently did cover your carpet, not always found in insurance master insurance policies.
If you didn't have HO-6 insurance, call your agent and purchase it for the future. However, in your case, the out-of-pocket expenses were less than most deductibles.
Your condo was more than pleasant to your request. Few ever reimburse an owner for personal items and have no obligation to consider such a request.
It is very hard to hold an HOA or insurance co. responsible for incedentals despite the fact that your loss is both real and quantifiable to you.
If the towels were new and you had receipts, for example, perhaps the value of them would be clear, but like when the dry cleaner loses a garment, they typically reimburse at a depreciated value, based on how long you have owned and used the garment prior to loss, not replacement value. As stated above, its really your money they are reimbursing. As for the electricity, can you prove you did not also have additional electrical demand from something else running and using extra electricity at the same time as the dehumidifiers? Past electrical usage is not proof that your bills would not have been higher that month for other reasons.
A small claims judgement still does not get you your money in many cases and garnishing or lein activity is a lot of work for a few dollars on principal alone.
Bad faith of the Insurance Company?
Recently, I have a water damage caused by a water heater leaking. The water flowed to the wood floor of living room and neighbor’s kitchen room. Our association insurance policy usually covered this kind of water damage, but this time the adjuster of the insurance company said it will not cover any floors just according to the association’s bylaws. I was so surprised that the adjuster narrowed down the coverage range, as I was told the insurance company should cover the floor at least the carpet floors, and the association contact person was informed so by the agent of the insurance agency; the insurance company did cover the floor water damage a few years in another unit. There is no any written notice from insurance company shows that they changed the policy and would not cover the floor anymore.
My question is that can we count this as the bad faith of the insurance company? Do you have any comments and suggestions how to deal with the
insurance company about this kind of situation?
A curious question - you say you ruined 6 bath towels and a shower mat from a water leak. Aren't bath towels and shower mats designed to get wet? How would getting wet, or even soiled, ruin them? Can't you just wash them?
You are normally responsible for any damage to your unit. The Association's normal responsibility is for "common elements" to the building. Your units interior is not a "common element". The MAIN SUPPLY lines inside the walls are "common elements" and the association pays for those repairs. The pipes to you faucets are not "common elements" as they are specific to your unit. The repairs to the interior of your unit is your problem, comes with the territory when buying a condo. However, as others have told you, you need to file a claim with your insurance company; it's why you bought and paid for that policy. This procedure seems to be standard just about everywhere.
Going to small claims court for the damage will most likely cost you more that it's worth.
I understand your dismay, but these are the facts of live living in a multi-family facility. You will also most likely find all this stuff spelled out in you Condos By-Laws, which you agreed to abide by when you bought your unit.
Now as I understand it, the Association has already gone way beyond their requirements. For them to pay for what they did is highly unusual, you should count your blessings that they responded as promptly as they have.
I too agree with Dave. My little knowledge is your personal insurance handles any damage to your interior. All other damage within the walls is that of the association. The association did their job. This is something you don't often hear of associations. They acutally step up and did correct the problem.
2 Day Diet
that are high in fat in addition to being bad for your heart are also bad for your sexual well-being. When your Pai You Guo Capsules
are clogged it restricts your blood flow, which restricts it everywhere, including to the sexual organs. Therefore, Pai You Guo
will not be at its peak. The foods Super Slim Pomegranate
that you want in your Japan Lingzhi 2 Day Diet
are those that are high in magnesium, potassium, Vitamin E, zinc, niacin, and amino acids.Slim Pomegranate
are not only good for you but they lower cholesterol, and stimulate the blood flow to your body's organs. Pai You Guo Tea
and healthy starches keep your heart healthy and pumping strong. When the heart is healthy and pumping strong it only makes sense that the Green Coffee 800
will be increased. Whatever you may be missing can be supplemented by taking vitamins which can increase sexuality by increasing your Meizitang Botanical Slimming Soft Gel
, boost your 7 Days Herbal Slim
, and give you an overall sense of well being.
When I read your question it left me with additional questions: Please clarify what "cracked pipes ABOVE US" is? Is there another unit above you where the break started, if so who owns that unit? What caused the pipes to crack/bust? Why are you not going against that unit owner rather that your Association unless they own the unit? What do your bylaws state about interior damages? The deductible for your HOA's insurance would not be worth filing such a small claim. If someone else owns the unit where the pipes busted, and you filed a claim against them, your insurance company would probably subrogate anyway. Are the total damages worth your deductible? Lastly, why can't you just wash the towels?
Perhaps try to negotiate with the HOA. Since the towels were (presumably) used, they would not be worth the original amount upon purchase. If you come down a bit and your HOA is willing to offer a bit more, you may avoid the hassle of small claims court all together.
You are lucky you got some money from the HOA. Ours will only fix damage inside the walls. We need to file a home owner insurance claim to fix damage done inside the units.