Mold/ Water Damage My Homeowners Ins. and my HOA's Ins. Legal Responsibilities

Asked over 1 year ago - Port Saint Lucie, FL

Jan 15, 2013 Discovered Mold in our home- Feb more mold/water damage discovered in MstrBdrm. Homeowners took care of Kitchen mold- MstrBdrm water/mold damage was determined by Engineer and multiple other Inspectors, plumbers, Adjusters, etc to be from exterior source, primarily Bldrs negligence to protect main wall, common area sprinklers, Bldrs neglet of proper installment of soffits. Water now registers 2 1/2 feet under my concrete floors, water damage inside closet on concrete floor, wet & mold has formed, causing health issues and damage to clothing and shoes in closet- My Ins. will not cover since it is an exterior water issue- HOA Docs say they are responsible, but HOA Ins. trying to say they are not responsible? What are my legal options RE: HOA INS, Bldr? House concrete -20 y

Attorney answers (3)

  1. J. Garry Rooney

    Contributor Level 13


    Lawyers agree

    Answered . 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 -

  2. Stewart C Crawford Jr.

    Contributor Level 17


    Lawyers agree

    Answered . 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
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063


    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  3. Barbara Billiot Stage


    Contributor Level 20

    Answered . 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... more

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