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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience:  15 years exp all aspects of general law
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I live in the Cleveland area suburbs on the west side, and

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I live in the Cleveland area suburbs on the west side, and during the recent hurricane Sandy, the power had gone out and the property management assoc. did have a back up generator to maintain proper drainage of the associations complex, thus resulting in the flooding and damage to the many units that have subfloor basements. I had a claim back in March of this past year, due to water back-up during another episode of heavy rains, and after conferring with my insurance company, they advised me to NOT file another claim, as I may be dropped from my insurer. I then contacted the property management that is responsible for this townhouse association, and explained my current situation to them. They explained that the power was out in our area for over 15 hours, and because of this the property pumps were NOT able to respond to the heavy water demands. So I asked them WHY they didn't have a back up generator system in case such emergency happened, and his reply was, "Well I will have to bring this up during the NEXT assoc. meeting" ! ! I would like to know IF ANY, what legal grounds I have to stand on,.... If there is something that someone can do to help me in such situation ? Thank you,..... Mark
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

For clarification, do you live in a condo building? Also, you stated: "the property management assoc. did have a back up generator ..." Was that a typo, or are you inferring that there was a back up generator, but it didn't work as it was supposed to work?
Customer: replied 1 year ago.

The property that I live in has 5 seperate buildings, ALL of them are different configurations. The building that I live in has 8 units, of which only 2 of these units have a basement, of which I have one of these. There are at least 2 more of these basement units here on the property, that I am aware of. Maybe more ? What I said in my original statement to you was,...... the association does NOT have a generator, but they have a pump station, and it normally handles such heavy rain conditions. But they never thought to install a back up generator system, because they never anticipated a loss of power for such periods of time ! ! Well,...... now they are re-thinking their earlier errors of thinking they may never need such type of back up system.

Customer: replied 1 year ago.


I responded to your clarification, and would have hoped by NOW, you would have given me an answer ! ! ! Is there a problem ? You already billed my credit card, but NO answer or resolution to the actual question ? Is this NORMAL procedure ?

Expert:  Legalease replied 1 year ago.

Hello there Mark

-

I apologize for the delay on this question but it appears that your prior expert had opted out of the question earlier. That can happen for a variety of reasons (the expert may have had to go offline). The reason why the question might not have been picked up immediately by another expert is that there is no answer that we can give you that will assist you in your situation. There are no legal requirements in Ohio or any other state that require a condo association, apartment owner or even a commercial building owner to have a back up generator system to handle what they will term an "Act of God" and the association / managers of your building are not responsible for these issues. You have insurance and you are entitled to make a claim against your insurance for issues such as this and if they attempt to drop your coverage for making a legitimate claim, your recourse is to file a complaint against the insurance company with the Ohio Department of Insurance (here is a link to their consumer complaint page - http://www.insurance.ohio.gov/Consumer/Ocs/pages/ConsCompl.aspx ). They are less likely to drop a consumer for natural disaster claims (as opposed to multiple theft claims) and my bet is that if you threaten them with a complaint to the state insurance department they will not drop your coverage.

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Please let me know if you have further questions.

-

MARY

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Category: Legal
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Experience: 15 years exp all aspects of general law
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