Skip to main content
Insurance Claim
If your home is part of a homeowners association in Florida, the homeowners insurance coverage that is designed to protect your building or community is complex – in language and in the details.
The small print that exists within the homeowners association insurance coverage can often lead to delays or denials in financial recovery when a HOA insurance claim is submitted, simply because it’s easier – and cheaper – for the insurance company to avoid payment than write a check for the damages. Insurance companies are masters at manipulating policy language to benefit their bottom line. And while it’s unfair, it is common.
At The Morgan Law Group, our Florida homeowners insurance claims lawyers will work closely with your HOA committee and insurance carrier to address potential complications that arise from claim submissions head-on, removing delays or difficulties from the equation using our legal skills and experience.
Cases When to File a HOA Insurance Claim in Florida
Generally, homeowners association insurance protects common areas and structures such as pools, clubhouses, and community gates. Coverage can extend to the exterior of buildings, landscaping, and other shared facilities. However, individual unit interiors and personal property fall under personal homeowners insurance.
Knowing the delineation between HOA and personal coverage in Florida is fundamental to knowing when your homeowners association can file for their HOA property damage insurance claim.
1. Structural Damage to Common Areas
Whenever there is significant structural damage to common properties – be it from natural disasters, accidents, or vandalism – it’s crucial to file a HOA insurance claim. In Florida, where hurricanes and storms are frequent, assessing damage promptly and filing a claim ensures that repairs commence swiftly, maintaining the integrity and safety of the community.
2. Liability Claims within Common Areas
If an injury occurs in a common area due to potential negligence in maintenance or safety standards, the HOA insurance claim should be initiated. Such claims can help cover medical costs and potential legal fees, safeguarding the association’s financial health against lawsuits.
3. Damage from Shared Infrastructure Failures
Issues like water leaks from communal plumbing or electrical faults causing fire in shared systems necessitate a homeowners association insurance claim. These incidents can lead to extensive property damage, impacting multiple residents and common areas.
4. Theft or Vandalism in Shared Spaces
When theft or vandalism affects communal areas or amenities, your HOA filing an insurance claim can provide the necessary funds for replacements and repairs, ensuring that security measures are enhanced to prevent future incidents.
Whether it’s damage to communal property, liability issues, or infrastructure failures, understanding your rights and responsibilities ensures that you and your HOA are adequately protected. Remember, timely action and thorough preparation of your HOA for an insurance claim are crucial.
How Does Your Homeowners Association File an Insurance Claim?
A homeowners association insurance claim can seem daunting. For HOA board members and property managers in Florida, the HOA insurance claim process generally involves:
1. Immediate Response to the Incident
The first step in the HOA insurance claim process is to respond immediately to any incident that may require a claim. This includes securing the area to prevent further damage and notifying the necessary authorities or emergency services if required.
2. Document the Damage
Documentation is crucial in the homeowners association insurance claim process. Take comprehensive photographs and videos of the damage, and compile reports from any witnesses and assessments from professionals. This documentation will support the claim and provide a clear basis for the extent of the damages.
3. Review the Insurance Policy
Before proceeding, it’s important to review the HOA’s insurance policy thoroughly. Understand what types of damages are covered, the limits of coverage, and any deductibles that may apply. This step ensures that the claim filed aligns with the policy provisions.
4. Notify the Insurance Company
Once the initial steps are handled, your HOA must notify your insurance provider about the claim. This notification should be done as soon as possible, as most policies have a time frame within which claims must be reported to be considered valid.
5. Complete the Claim Forms
Fill out the required HOA insurance claims forms with accurate and detailed information. Providing complete and precise details helps prevent delays and misunderstandings during the claim processing phase.
6. Adjuster Inspection
The insurance company will send an adjuster to inspect the damage and assess the claim. It’s crucial that a representative of the HOA is present during this inspection to provide insights into the damage and ensure that all areas are thoroughly examined.
7. Obtain Repair Estimates
Acquire estimates from licensed contractors who are experienced in repairing the type of damage incurred. These estimates will be necessary for the insurance company to determine the claim payout.
8. Claim Resolution
Once the insurance company has all the required information, including the adjuster’s report and repair estimates, they will process the HOA’s insurance claim and issue a payout based on the policy terms.
If your homeowners association is dealing with property damage or requires assistance with a HOA insurance claim, consider consulting our HOA insurance claim attorneys in Florida.
Why Would the Insurance Company Dispute the HOA Insurance Claim?
When homeowners associations, condominium associations, and townhome associations file property damage claims, disputes often arise between HOAs and the insurance company after the insurer denies a valid claim, many times without a legitimate reason or explanation.
Since the insured losses in these cases can also affect the structural integrity of the building in some cases, the HOA insurance claims process may be complicated. And when the damages are extensive, so is the difficulty in accounting for, substantiating, and covering all insured losses.
Insurance companies use the complexity of these homeowners association insurance claims against the policyholder, which can drastically affect the pace and outcome of a claim settlement.
Our goal as HOA insurance claims attorneys in Florida is to expedite the process by pursuing compensation from the insurance company for repairs, replacement, clean-up, and additional recovery costs that will return the structure to its previous integrity, so the residents and the association can get their lives back on track.
The Morgan Law Group Can Assist in Filing HOA Insurance Claims in Florida
When your association’s structured responsibility has been damaged, it jeopardizes the health and well-being of everyone within the association. Each insurance company delay can negatively affect your quality of life, and postpone a positive outcome for months to come.
At the Morgan Law Group, we represent the HOAs for insurance claims that commonly arise from but are not limited to:
- Storm & Hurricane Damage
- Fires
- Water Damage Due to Burst Water Heaters or Sprinklers
- Broken Water Lines
Our experienced HOA insurance claims lawyers represent associations at each level of the legal process, from the initiation of the claim and its overall investigation through negotiations inside and outside the courtroom, against insurance companies or other parties until we achieve success on the HOA’s behalf.
Contact our Florida homeowner insurance claims lawyers at (866)-969-4968 today or complete our online form to schedule a free case evaluation. If we do not win your case, you do not pay our fees.
