Good evening! I can help you out with your legal question tonight. No, the HOA would not carry insurance to pay if the city condems your condominium. When a city condemns a property, it simply means it is in disrepair. The owner can then fix it or the city will take it down and likely charge the owner for the cost.
If the city uses eminent domain, where the city takes the property from you, then they MUST pay you a reasonable price for it.
However, condemning a property is not a covered incident in an insurance policy.
Fire or flood, could be covered by insurance. If it were to burn down for example, then the insurance would pay you for it.
So, basically my only choice would be a strategic forclosure? do I have any other options?
Yes, noone will pay for you to renovate the property and the owner is responsible to pay to bring the building up to code etc.
What responsibility does the HOA have?
It depends on the CC&R's, but typically they are to maintain the common areas.
But the insurance that we pay for covers the buildings, roofs,etc. My condo insurance wouldn't pay for a condemnation either?
Do you think hiring an attorney would be helpful? or not?
Yes, they maintain the outside shell of condo's, but not the inside of the building. Each owner is responsible for his/her own repairs on the inside.
Even if the building structure itself is the problem?
No, I would first talk to the HOA and see what funds they have in the coffers.
Building structures should be covered by your HOA.
It is a common area.
You are welcome! Don't give up. I don't think you need an attorney at this time.
Have a good night and please leave me feedback before you go.
Did you have any other questions tonight?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).