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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53964
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We suffered water damage to our condo in jan of 2015.. the

Customer Question

we suffered water damage to our condo in jan of 2015.. the incident was caused by the roofing co leaving the roof exposed while under repair. the board hired the co and did not verify liability insurance. it took us almost 10 months to complete repairs on our home and our own insurance co paid about 40 percent of what we have spent. the condo associations insurance company has reopened the claim due to suspected negligence. their rep is making us jump thru hoops and there is no end in sight. my neighbor above me suffered extensive damage 300000 and his work is not close to being completed. meanwhile a new leak has developed and after contacting the board, they said they wouldn't cover any of the damage.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Richard replied 10 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

You can tell the board "not so fast!" You do have recourse here. And, it's not your homeowner's insurance that is responsible, but the board of directors of the HOA and/or the contractor. They are both responsible for creating a situation that has resulted in the damage to your property. . You want to send a letter to the board members and the contractor by certified mail detailing the problem and demand they remediate the situation and pay for all damages within a short specified period of time. In the letter let them know that the failure to do so is likely to result in increased damages to your property . Finally, inform them in the letter that if they do not resolve the issue timely to your satisfaction, you will have no choice but to file suit against the the contractor, the HOA and the individual board members. Let them know you will be seeking not only a court order mandating the problem be remediated and the payment of actual damages, but also punitive damages due to their either gross negligence or willful misconduct. You want to copy the HOA's insurance company on your letter because that will cause the insurance company to put added pressure on them to get this resolved quickly to avoid future losses. Naming them both in the suit will prevent them from trying to absole themselves of liability by pointing fingers at the other.

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