Real Estate Law
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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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