Condominium associations and condo owners may encounter myriad problems collecting on insurance policies. Like homeowners, condo associations and individual unit owners may need to fight their insurance carriers. In addition, individual unit owners and their governing boards may disagree over who is responsible for damages, who collects on the claim and how repairs are handled.
Insurance Claims For Condominiums Can Be Complicated
The Florida insurance claim lawyers of Williams Law, P.A., provide experienced representation for the complicated insurance issues that homeowners associations and condo unit owners face in Tampa, Florida, and the surrounding areas. Since 1995, firm founder K.C. Williams has focused almost solely on the rights and needs of individuals and businesses with insurance claims.
Did your insurance company refuse to pay for condominium damages from water, wind, fire or hurricanes or storms? Our Florida insurance claim attorneys can help. Call today for a free consultation (800) 451-6786.
Experienced, Aggressive Representation For Condominium Insurance Claims
Generally, a condominium complex is protected by a master policy of the condominium board or homeowners association (HOA). Unit owners may also purchase insurance that provides coverage beyond the master policy, including losses of personal property.
Condo boards, general counsel for homeowners associations and unit owners come to our attorneys for advice and representation for nearly any type of condo claim:
- Roof damage
- Fire and smoke damage
- Storm damage
- Hurricane damage, including reopening hurricane claims
- Water damage
When we represent you on your insurance claim, we will pursue fair compensation for the repairs or replacement and clean-up, and other financial loss that you or your association incurs as a result of the damage. Bringing in experts as needed, we will thoroughly review your claim and investigate your case.
If your insurance company refuses to settle your case favorably by denying, delaying or underpaying your claim, we are experienced and aggressive trial lawyers who understand how to effectively litigate your case.
What Does Condominium Insurance Cover?
The insurance plan the condominium board purchases will typically cover the structure of the building as well as its grounds and common areas. The condo association’s insurance may or may not cover damages inside each individual condo owner’s unit. An all-in condo master policy covers the furnishings in each unit while a bare walls-in policy does not. In many cases, the board’s insurance will cover structural issues, such as a burst pipe inside a unit, but will not provide insurance for the items inside the condo, such as furniture or electronics.
- Building structure
- Interior walls
- Personal injuries
Condo owners can purchase additional insurance if they wish for better coverage for their individual units. Add-ons can cover furniture and personal possessions in case of a robbery or natural disaster. They could also pay for your medical bills if you suffer injuries in an accident in your condo, as well as provide liability coverage if someone else gets injured. Most condo insurance plans cover events such as fires, burglaries, vandalism and storm damage. It may take additional insurance to cover flood damage. The best way to find out exactly what your condo insurance covers is by reviewing your policy.
Why Would I Need to File a Claim?
You may need to file a condo insurance claim if a covered loss damages your unit. If you have insurance coverage and an accident or disaster damages your condo, a claim could compensate you for property repairs or replacement. The definition of a covered incident will depend on the terms of the insurance policy.
- Water damage
- Leaks or burst pipes
- Vermin infestations
- Damage from other units
- Personal injury accidents
The type of incident will also affect where you will submit your claim. If the incident damages common property within the condominium building, the correct insurance company to take the claim would be that of the condo association. If the damages occurred in your individual unit, however, you may need to file the claim with your private policy.
What Are the HOA Responsible For?
As a condo owner, your homeowners association fees guarantee the proper maintenance of the building and premises. The condo association is in charge of adequately maintaining the building and its grounds. This includes ensuring the reasonable safety of its parking lots, halls, common areas, a laundry room, balconies, roofs, swimming pools and elevators. If any common areas require maintenance, the HOA uses its fees to pay for repair bills.
HOA fees also pay for property insurance. When an incident damages property within the condominium’s structure or grounds, the association should seek the money for repairs out of its condo insurance policy – not from the condo owners. Part of your HOA fees goes to maintaining condo insurance for just such occasions. Rather than raising your fees using a special assessment for the repairs, the association should seek compensation from its insurance plan.
What If the HOA Is Not Covering Costs?
It is somewhat common for a condo association to dispute liability for an accident, injury or property damages. Disputes often arise between HOAs and condo owners over whose insurance should cover different types of damages. Liability can be unclear in complicated situations. The insurance company may also dispute liability. The HOA’s carrier may deny a claim, for example, leaving you to seek recovery through your additional or private insurance. If you do not have individual insurance, the HOA may try to make you pay out of pocket.
It is important to protect your rights by hiring an attorney after an incident that damages your property or causes an injury at a Tampa condominium. Our lawyers can represent you during insurance settlement negotiations or an injury lawsuit, if necessary. We can seek compensation for your damages through all available outlets, including both your insurance policy and that of your condo association. We have years of experience resolving insurance disputes in Florida.
Has Your Home Insurance Company Denied Or Undervalued Your Property Damage Claim In Florida?
If your insurance company is dragging their feet regarding your property damage claim you should speak with an experienced insurance claim lawyer as soon as possible. Please contact us online or call our Florida law office directly at 800.451.6786 to schedule your free consultation. We help Florida residents just like you fight the big insurance companies who fail to abide by their own policies. Remember, we work on a contingent basis, meaning you don't pay us anything until we win your case.