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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My HOA has a blanket policy against personal interior damage

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My HOA has a blanket policy against personal interior damage to a unit. The insurance company has informed me that they can only deal with the HOA board and not me, the owner, and any form of payment for repairs will be given to the HOA and not myself. My biggest fear? Can the HOA affect or try to deny me compensation from the insurance company for my home's repairs? They are already stalling, transferring me back and forth. Sadly, I don't trust my HOA, and I don't find them competent. I find it a hassle to deal with them already, and I fear them coming into my home and delaying or sabotaging things.

Assuming that the CC&Rs or rules of your HOA require that you receive insurance, then you would have a legal action against the HOA for failing to provide you with the full benefits of the policy. This is called the "third party creditor beneficiary" doctrine, and it is a very old and venerable legal theory.

You can demand that the HOA provide you with a copy of the policy, because as a member, California entitles you to inspect all HOA financial documents. Then, if you don't get what you're entitled to, you can notify the HOA and the insurer that you will bring a third party beneficiary action against the insurer to enforce your rights, unless the matter is remedied in your favor.

My answer here may seem rather aggressive. But, in cases like this, that's exactly what is required. You need to "draw a line in the sand" immediately, so that everyone is on notice that you are not only paying attention, but that you will turn this into a lawsuit at the instant you see that your rights are being ignored.

Please let me know if I can clarify my answer or provide further assistance.

Hope this helps.
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