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HOA damage and responsibilities of board, owner, and contractor


condo association insuranceWe are trying to acquire an attorney to be our HOA consultant but having no luck to find someone that is specialized and knows about HOA laws. We have a very difficult unit tenant who claims they are the owners. Property shows their children are the legal owners. There was a recent fire that occured in this unit that damaged their balcony, which no one can have access other than than the people residing in the unit. This unit insists the HOA to paid and repair the damage. The fire department could not pin down the cause of the fire, the photo shows a table with burning incent tools. We called a meeting with the HOA and we voted to share the cost between HOA and the unit tenants/owner. The unit owner's parents now wants to sue us for the entire damage cost.

What is your opinion on this matter? Our HOA bylaws spells out that the HOA responsible for exterior wall and common area, but all balcony decks has been the responsibility of each owner. To avoid confusion, I am going to list the problems:

1. Unit fire occurred within the unit balcony

2. Condo association insurance willing to paid for the damage after deductible.

3. The deductible was raised by this unit owner(parents) when she was a board and changed the agent and our policy without notifying the HOA board.

4. Contractor #1 (approved by HOA) pulled the permit for the initial repair.

5. City inspection found further damage of the balcony due to water damage.

6. unit owner's parent went and inform the insurance adjuster for the damage cost - the insurance was willing to paid the extended damages (no communication to HOA)

7. The unit owner's parents hired another contractor to repair the extend damage and claimed they have pull another permit. (no notification to the HOA)

8.Contractor #1 now no longer assumes liability.

9. The unit owner's parents now sends a letter and request for the full damage cost and will take legal action if we don't comply.

Answers (6)

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