How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11972
Experience:  JD, MBA
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I have the quest polybutelene water pipes in my townhome, which

Customer Question

I have the quest polybutelene water pipes in my townhome, which we own. However, the association that carries our homeowners insurance has been charging us double for our association fee than those without these pipes because they claim we are the reason that the master homeowners insurance policy is higher. Do we have a right to obtain our own homeowners insurance policy and get off of the one from the Association or does it depend on how their contract was written? Should there be some sort of waiver their insurance company can have us sign that says we agree to not submit claims stemming from these pipes? We don't have the money to have them all replaced at the moment ($2,500+) and the Association is rather unresponsive and uncooperative. Any suggestions you can provide would be most appreciated. Thanks
Submitted: 3 years ago.
Category: Legal
Expert:  Wendy-Mod replied 3 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 3 years ago.
I am in no rush. This has been an ongoing battle for a while now. Thank you very much.
Expert:  Wendy-Mod replied 3 years ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 3 years ago.
Thank you for your patience, your business is very important to us, we are waiting for the right professional to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 3 years ago.
Please keep looking. Thanks.
Expert:  Wendy-Mod replied 3 years ago.

Thank you for your continued patience while we continue our search.

Regards,
Wendy

Expert:  Wendy-Mod replied 3 years ago.
Please understand that it’s rare when we cannot find the right professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately, upon your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.

Regards,
Wendy

Customer: replied 3 years ago.
I can keep waiting for a bit. Thanks.
Expert:  Fran-mod replied 3 years ago.
We will keep your question open to our legal prefessionals.
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

The answer to your question depends upon the Declaration and the Bylaws. It is not inherently unlawful for your Association to charge you more than the other unit owners based upon your pipes. In other words, if the Declaration and/or Bylaws allow it, then it is lawful. If the Declaration and/or Bylaws prohibits it, however, then you do not have to pay more. The same goes for obtaining your own insurance. If the Declaration and/or Bylaws allow it, then you can do so. If they do not, then you cannot.

So, the bottom line is that you need to review the Declaration and Bylaws to see if there are any provisions that deal with the issues here. If they are silent on the issues, then the Association can do what it wants, but you could then ask to get your own policy. At that point it would be up to the Association.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!

Related Legal Questions