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By CondoAssociation.com • March 25, 2019

Can association withhold insurance payout to owner for water damage?

I had a frozen pipe burst in my unit 60 days ago. I followed the proper protocol as soon as it happened (Contacted property management company to report incident; my homeowners insurance; a remediation company; and a plumber). The property management informed the Association's board and they filed an insurance claim with the Condominium's Association Insurance. My Homeowners Insurance sent out their adjuster to assess the damage for my personal belongs and to the unit; a few days later the Condominiums Insurance sent out their adjuster to asses the damage to the unit. Here's where things start to get complicated with all these insurance players. So apparently, my insurance company pays the deductible for the association's insurance company and the association's insurance company issues out payment for repairs to my unit. My board confirmed to allow me to select a contractor of my choosing to do the repairs, the condominiums association insurance has issued a payment to the association/property management for repairs based on the adjuster's estimate. I have requested that these funds be released to my contractor so he can begin work; but the property management is refusing to pay out and want me to front the money first. I though from the walls in, is the homeowners responsibility. Since this is going through the association's insurance now, my name is not on anything its all referenced as the association and unit number. Can they legally withhold these funds issued from the insurance? Why does the condominiums insurance even have to be involved if damage was to the inside of my unit?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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