Condominium and HOA claims involve more than one property, policy, and decision-maker.
Shared property, governing documents, multiple policies, and responsibility boundaries can make these claims difficult to untangle. Tell us what happened and find out where the claim stands.
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What causes it, and why coverage gets complicated.
Condominium and HOA claims can involve common elements, limited common elements, individual units, association property, and multiple insurance policies. Responsibility may depend on the governing documents, the source of the damage, and the language of each policy.
Boards, managers, unit owners, contractors, adjusters, and insurers may all be involved at the same time. A clear record of who is responsible for what can become just as important as documenting the physical damage itself.
Where these claims tend to break down.
These claims often break down when the association and unit owners disagree about responsibility, the carrier separates damage by building component, or multiple policies appear to overlap.
Disputes can also arise over whether damage affects a common element, an individual unit, or both. Delays in board decisions, access, inspections, and contractor coordination can make the record harder to follow and increase the cost of repair.
Keep the declaration, bylaws, insurance policies, board communications, inspection reports, photographs, estimates, and unit-owner notices together. An early review can help identify the responsibility map before positions become fixed.
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A short note about the loss and where the claim stands is enough to start a review.
Signals worth noting
If this sounds familiar, a legal review may help.
The carrier and association disagree about whether damage belongs to the common elements or an individual unit
Multiple policies appear to cover different parts of the same loss
The insurer's repair scope conflicts with the association's engineer or contractor
Board, management, and unit-owner decisions are delaying inspections or repairs
A few that come up most.
These claims often involve common elements, individual units, governing documents, multiple policies, and several parties with different responsibilities.
Responsibility depends on the governing documents, the type and location of the damaged property, the cause of loss, and the applicable insurance policies. The answer can differ from one association to another.
The governing documents, policies, and repair obligations should be reviewed together. The source of the loss and whether the damage affects common or individual property can change the answer.
Yes. An association policy, a unit-owner policy, and other coverage may apply to different parts of the same event. Coordination between the policies can become a major part of the claim.
Preserve photographs, videos, policies, governing documents, inspection reports, board communications, contractor estimates, invoices, unit-owner notices, and a timeline of decisions and access to the property.
Property-insurance notice and lawsuit deadlines depend on the type of loss, the policy, and current Florida law. Because missing a deadline can affect the claim, the specific dates should be reviewed promptly.
Eduardo Pimentel, P.A. represents condominium associations, homeowners associations, and Florida property owners in denied, delayed, and underpaid property insurance claims. Meet the attorneys →
Is the loss commercial or unusually complex?
A short note about the loss and where the claim stands is enough to get started.