Homeowners Association and Condominium Property Insurance Claims and Litigation

Living in a community or complex that is governed by a Homeowners’ Association or “HOA” has both advantages and disadvantages. Often, disputes between homeowners and the HOA stem from a fundamental misunderstanding about the power and authority and liability that the HOA has per the Bylaws and Declaration of Covenants, Conditions & Restrictions or “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 homeowners association litigation experts in Los Angeles are here to help. The association’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 condominium association 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. Instruments such as an association’s declarations and bylaws and insurance policy define the responsibilities and coverages required and apportion responsibility between the HOA and individual owners.

Filing a property insurance claim for association or HOA property requires certain steps. Our team of homeowners association litigation experts in Los Angeles 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 association and/or individual owner insurance policies, 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 homeowner who is in disagreement with your HOA with regard to property damage or otherwise, and are in need of a resolution involving HOA disputes in Los Angeles, our team of homeowners association litigation attorneys at Losh & Khoshlesan, LLP can work with you in an effort to resolve the dispute.


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