Home Insurance Texas Hoa Policy

Neighbor lives free of charge

Q. My neighbor lived in his home for four years after he stopped paying his mortgage, second mortgage, taxes, insurance and our HOA fees. He was living free and always had a new car in his driveway. He was living a life of luxury above his income. In doing the math, I find that he was not paying debts of well over $25,000 a year. What a scam. I call him dishonest but the problem is getting worse in that more of our neighbors are doing the same as word gets around they can live free. The other members suffer because our HOA is not able to collect fees to maintain the common areas and facilities. Our local governments collect fewer taxes and are on a barebones operation. This affects our schools and emergency services to include police. When are the banks and governments going to stop allowing this? Sign me as an honest homeowner who is angry with this system?

Send letters to your senator, congressman, and the governor expressing your concerns. Too many people leech off other hard workers. I feel I know the answer but it is far beyond my powers to tackle this problem alone. It is one of the most important predicaments for associations today as well as our country’s dilemma. You will also find that too many people in this situation are also are receiving government assistance. The numbers are too high and if it is not corrected, not only will your association fail our country will also fail.

One thing that your board can do is to establish a collections policy that speeds up the filing of liens and foreclosure. Such a policy would not wait for the banks to foreclose. The board should have the association’s attorney file a lien about 60 days delinquent and then follow with foreclosure action within the next 60 days. What This would do is give the association power to evict delinquent owners faster, most times about six months after they stop paying their fees. Once the association has title to the property, it can do several things to get the home paying fees or generating income. The nature of today’s society is that you are expected to pay for others who do not pay.Q. In your column, you talked about HOA rights and what HOAs are allowed to do. If an HOA board breaks the rules, where inFlorida do you file a complaint and how do you go about it? Are there any rules in FS 720 covering common ground?

Does HOA owner need to pay master insurance policy deductible?

My neighbor (town-house community) had a slow leak from pipes in an adjoining wall. The water came through to my unit causing damage to the wall (water marks) and a wet, moldy carpet padding. The master insurance policy is covering the repair to her unit and to mine but apparently are expecting both of us to pay a deductible. Am I wrong in believing that I should not be responsible for payment of a deductible since it was not my leak that caused my damage?

To me, inside the wall is common area or the HOA's responsibility and the HOA should pay the deductible. If that's not the case and the pipe that leaked is exclusive to your neighbor's unit, then they should pay the deductible. I think in no way should you have to pay. Lastly, it all comes down to what your governing documents say about the matter. Yes, you should be expected to pay for your share of the master insurance deductible. I had a similar issue and the master insurance deductible was prorated based on the assessed damages for each apartment. For example, we incurred 55% of the assessed damages when our condo leaked into 4 other condos. So we took responsibility for 55% of the master insurance deductible and the other condo owners took 45% split equally based on their assessed damages. The great thing is that our personal homeowner's insurance covered our portion of the master insurance deductible minus our own deductible, which was only $500. so it worked out very well. :) The terms of the master uinsurance policy should be reviewed to make this determination. As the damaged party you also should contact your personal insurance company and ask for their assistance in resolving this problem.. At worst your home owners insurance should reimburse you for costs of repairs inside your unit and not covered by the master unsurance policy. I disagree with db and Ruth. If it happens in the wall, it's the HOA/Condo Assoc. responsibility. If it's your neighbors pipe, then they should pay.

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