Board Condominium Damage Insurance

Contractor Requires Condo Board Member’s Presence to Assess Unit Owner’s Damage

S.H. from outside of Connecticut writes:

Dear Mister Condo,

The management company asked me to contact a contractor that works most jobs in this condominium in order to make an assessment for damages from a water backup. His reply came and stated that he requested from management company to have a board member present during such assessment. I find it very unusual. I do not believe the bylaws allow for such presence. I am tempted to ask the management to provide cases where a board member was requested to be present in a similar case by this contractor. 

What are my rights in this case? Can I refuse a board member be present lacking precedence? Can I ask for another or more than one contractor do the assessment? What is my best recourse to collect for damages. 

I recently learned that a board member, the president of the board had some water damage and the association paid to replace the kitchen. I need to yet verify this information. How can I use this information to benefit my case? 

Mister Condo replies:

S.H., I am sorry for your water damage problems and further that you appear unhappy with the proposed resolution from your association. Short of suing the association, you really don’t have any “rights” in this case. Typically, water damage to a unit interior is handled by the unit owner’s insurance. The insurance company may have a claim against the association if the damage was caused by willful neglect or intentional damage. I can’t imagine why you should have to contact an association contractor or why a Board Member needs to be present, precedence or not. If the Board wishes to hire a contractor to review your damage, they should make contact and hire the contractor. If the contractor requires a Board Member to be present for whatever reason, I don’t see how or why you would prevent them from assessing your damage and proposing a solution. The unsubstantiated allegations you have made about the Board President’s having similar damage and having the association pay for it is an unrelated matter and should not figure into the solution of your problem at all. My advice is for you to contact your own insurance company and see if you can’t get this matter corrected without involvement from the Board. If the damage continues due to willful neglect on the part of the association, you should hire an attorney and sue. All the best!

1 thought on “Contractor Requires Condo Board Member’s Presence to Assess Unit Owner’s Damage”

  1. The association may have coverage depending on the State and could pay for the damage subject to the HOA deductible which would be handled by the unit owners policy. This is certainly true in Georgia. The unit owners HO 6 usually covers contents and any improvements made, but the HOA policy can cover this damage. It is NOT a requirement under GA law, for WATER, but CAN be included if not excluded.
    I would suggest that a review of the HOA policy be done to see what coverage is afforded.
    After all, the HOA policy is paid by the dues of the unit owners.

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