You should take both your insurance policy and your homeowners association documents and meet with an attorney who can review both sets of contracts in great detail.
Stew Crawford, Jr., Esq.
Crawford Law Firm
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We are seeing a lot of this recently. Sometimes the HOA insurance is denying the claim stating it is not a "covered loss". So, if the HOA is responsible, but there is no insurance to cover the loss, the association reaches into its own pocket (can you say special assessment to all unit owners??) to pay. Issues might arise as to whether the insurance agent failed to secure the proper insurance to cover the loss susstained. There are many isues that you should have a consultation with an attorney to go over. You said HOA paid for some damage, but not all - I would need to review the documents to determine the differences between the two claims -
Most homeowner insurance policies now exclude mold damage. I agree you should take your policy and your association documents to a HOA attorney to review. Yo may need someone who is experienced in HOA law and construction.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.