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I had a dishwasher leak that ran from my condo in Hoboken to…

Customer Question
I had a dishwasher...

I had a dishwasher leak that ran from my condo in Hoboken to the condo below mine. My hardwood floors are damaged and the ceiling of the below unit needs repair.
I claimed against the HOA's insurance policy and the insurance company reviewed the HOA documents and approved the claim. However the HOA board will not approve as they don't believe that the policy should cover the claim.
Per my reading of the governing documents, I feel that it is covered incident and furthermore the insurance agent reviewed it and approved it so I am confused as to why the HOA board will object.
I need assistance/guidance on this matter.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Hoboken, NJ

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sorry what do you mean by paperwork? the claim was submitted to the insurance agent and approved by the insurance company in writing

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
9/8/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,852
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need. I am also happy to continue online.
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Customer reply replied 8 months ago
Loren, chat is fine for now.
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
If the Association is refusing to cover a claim the declaration and bylaws require they address then that could be the basis for a claim of breach of fiduciary duty by the board.
Have your attorney send a letter to the board demanding they sign off on the claim or face a potential lawsuit in which they could have personal liability, as is a possibility for a claim of breaching a fiduciary duty. That should get their attention.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Customer reply replied 8 months ago
The board has consulted with an attorney of their own before making the conclusion.
Customer reply replied 8 months ago
I don't have an attorney. I thought that's what I am speaking with you about.
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
It is not up to the board to interpret the coverage of the policy. The policy covers what is states. If the insurance provider says your claim is covered then that is it.
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Customer reply replied 8 months ago
can you draft the letter for me?
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Thank you for the vote of confidence. Unfortunately, I am not taking in new clients (retired).
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.
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Customer reply replied 8 months ago
Loren, I'm a little confused as to why I just spent $45. I did not want someone to tell me to ask my attorney to write a letter. That seems kind of silly and which is what I was trying to achieve on this site. Seems to have been a misunderstanding in expectations.
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
What I was informing you of was the duty owed by the board and your options for moving this forward.
This is not a law firm. It is a question and answer site. I am not and can not represent you from this site. It would violate site rules and state bar regulations.
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Real Estate Lawyer: Loren, Lawyer replied 8 months ago
I understand your frustration. You can request a refund from customer service. Your satisfaction is 100% guaranteed.
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Customer reply replied 8 months ago
how do I do that?
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Please be aware that I, and the other Experts on the site, are site users like you (I am not an employee of JA), and I do not (and can not) see any account info or address payment issues, but Customer Service will be happy to assist you.If you are having trouble, you can reach Customer Service assistance at this link:http://ww2.justanswer.com/helpwhere you can chat, call, or send a support request. You can also email directly to***@******.***Thanks.
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Loren
Loren, Lawyer
Category: Real Estate Law
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Experience: 30 years of real estate practice experience.

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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).

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