What We Do

Living in a community or complex that is governed by a Homeowners’ Association (“HOA”) has both advantages and disadvantages. Often, disputes between homeowners and the HOA stem from a fundamental misunderstanding about the power, authority, obligation, and liability that the HOA has per the Declaration of Covenants, Conditions & Restrictions (‘CC&R’s”) that must be followed when living in the community or complex.

When a disaster results in damage to a condominium or community association properties, our attorneys are here to help. The HOA’s manager and/or board of directors may be responsible for filing an insurance claim for those damages if the HOA has obtained and maintained a “Walls-In” master policy. Many who are new to HOA responsibilities, or for those who undertake the responsibilities as a volunteer on the board of directors, do not know or comprehend the insurance responsibilities of an HOA if and when it obtains and maintains a “Walls-In” master policy versus a “Bare Walls” policy. Governing documents such as CC&Rs define the responsibilities and coverages required and apportion responsibility between the HOA and individual owners.

Filing a property insurance claim for a condominium or HOA property requires certain steps. Our attorneys can help you every step of the way. The first step is to identify the applicable primary insurance policy. When a loss occurs, it must first be determined where the damage occurred. Is the damage contained within a common area or does it extend into any individual unit? The location and extent of damage will determine the coverage, insureds, and the applicable primary insurance policy.

The next step is to review the applicable policies of insurance, including the primacy of any HOA and/or individual condominium owner insurance policy, the terms of insurance coverage, limits of insurance coverage, deductibles, exclusions, limitations, and endorsements. The specific terms of one policy may fill coverage gaps in the other or provide insurance coverage to meet the other policy’s deductible.

If you are a condominium owner who is in disagreement with your HOA with regard to property damage and are in need of a resolution, our attorneys at JK Law Group, P.C. can work with you in an effort to resolve the dispute.