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Subject: Toilet Disaster
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Author Messages
AdamM
(Utah)

Posts:13


01/09/2006 2:58 PM  
I wanted to see what you all thought about this situation. Our water was recently shut-off for 1 day because of some construction in the land next to the community.

One of our memebers left her home and upon returning found 6 inches of water in her home. She discovered that a toilet in her bathroom the plus was stuck.

Anyway, to make a long story short. Do you think the HOA should pay or help pay or not pay at all for the $700 bill that was incurred because of this misfortunate event?

Thanks,

Adam
RussR
(Colorado)

Posts:5


01/09/2006 8:12 PM  
No, I do not think this is an association expense. In our association, each townhome owner is responsible for their own interior damage. They should carry "condo" insurance to cover this.
AudreyB
(Florida)

Posts:104


01/09/2006 8:43 PM  
Hi Adam,

I agree with Russ.

A notice should have been given to each owner, and told what to do while the water was turned off, and what to do when it the water was turned back on. Not following directions is the responsibility of the owner.

If no notice was posted or given to each homeowner that, the water would be shut off for a day, then I would believe, that both insurance companies should be asked about this situation.

On second thought, it couldn't hurt to ask condo insurance and the owner's insurance companies about this situation.

Please let us know what you find out.

Take Care,
Audrey
AdamM
(Utah)

Posts:13


01/10/2006 1:40 PM  
We had our Board Meeting last night and the majority voted to let the homeowner pay the bill. According to the city code, the company requesting to turn off the water must provide notice when the water or other utility is going to be turned off.

When we called the city they said that is was not their responsibility and to contact the excavation company. When we called them, they said that there was not posted notice how to notify all residents so they went knocking door-to-door and felt that a majority of the community was notified.

So we finally determined that no one was willing to pay and as a board we can not justify paying for someone's damage inside their home, so the resident will have to pay the bill.

The sad irony is that she does not have home owners insurance.

Adam
HankL


Posts:0


01/11/2006 10:22 AM  
Part of the bpard's fiduciary duties is to put the welfare of the association (i.e., all members) above that of individuals.

This is not Association business, but I would recommend the board keep files in case it becomes necessary under later circumstances to support other owners with information they might need.

If common area was involved, then jump on that for rectification.

Hank
AudreyB
(Florida)

Posts:104


01/11/2006 6:23 PM  
Adam,

It is the responsibility to inform all invovled that the water will be turned off! I've never heard of such a thing! Since they went door-to-door, at least they could have left a flyer or knob hanger thingingy explaining about the water being turned off for a day, and what they need to to before the water is turned back on. They are liars, just to get rid of you and not let you know they didn't do enough and they know it. They are trying to cover themselves, and someone bought it.

It IS the city responsibiltiy are to let the homeowner's within your area know that the water will be off. Take an add out in the paper, or do a reverse 911 call explaining that the water will be off, and what to do and who to call for more information. Whatever it takes they are supposed to let everyone be aware the water will be turned off for a day.

Make the city professional people like the City Manager, the Mayor, the Director of the Water and Sewer Department aware of what you were told, and if you have a name of the person who said, they thought they had done enough, that would be helpful too. I encourage you, once you find out from all of these professonals that a wrong was done to this woman, please go back to the Board with their letters, and have the Board reconsider helping this woman. Even if she pays for the repairs herself, make sure she is reimbursed. The professional people again are: The City Manager. The Mayor. The Director of the Water and Sewer Department.

Was the Board decision made with the lady at the meeting? If she was not there, then such a decision in my opinion should not have been made. She had a right to be notified about the meeting and face her peers.

That is so sad for this lady to have to pay to fix her home since what these people say and try to make everyone believe that a door-to-door verbal notice was given. I would find out who those homeowner's are who actually got those knocks at the doors. This is simply not enough. There is no excuse. The Board should have done more research.

I believe this woman has her home paid off. Otherwise, she must have insurance, if she has a mortgage.\

I have a short story that does not involve HOA's. It's a personal story. About if a family member believed what the first person said, and did not get a second opinion.

I would have the Board appeal their decision, after you hear back from at least one city offical.

Please let me know if someone like yourself cares or someone else will look into writing these city officals, and have the decision rescinded.

Take care,
Audrey
ClaudC


Posts:0


02/03/2006 11:23 AM  
It is the homeowner's problem. that she didn't have insurance is NOT the HOA's or anyone else's problem. As an HOA we regularly (at least 2x/year) remind homeowners to check their condo policies. Sound harsh I know. But it is not the responsibility of everyone else to bear the burden of a homeowner's lack of planning.

"Lack of planning on your part, does not constitute an emergency on my part."
GeorgeS21
(Florida)

Posts:349


06/28/2018 5:49 AM  
Definitely NOT the HOA’s responsibility.

Could be the company that turned the water off and then on. There likely are rules governing this since it could result in pressure surge. The rules also likely include how far in advance of the service interruption must post notifies. This is to ENSURE everyone gets the notice.

The Board meeting must be open to all, including the resident harmed by by the water damage, but the Board does not need to invite her. Under New Business they would consider her written request (it would not be appropriate to do more than discuss her verbal request) and vote on the course of action. Sounds like they did all of this.

If she decided she didn’t need insurance, that was, in hindsight, a bad decision.
RichardP13
(California)

Posts:2751


06/28/2018 8:03 AM  
Posted By GeorgeS21 on 06/28/2018 5:49 AM
Definitely NOT the HOA’s responsibility.

Could be the company that turned the water off and then on. There likely are rules governing this since it could result in pressure surge. The rules also likely include how far in advance of the service interruption must post notifies. This is to ENSURE everyone gets the notice.

The Board meeting must be open to all, including the resident harmed by by the water damage, but the Board does not need to invite her. Under New Business they would consider her written request (it would not be appropriate to do more than discuss her verbal request) and vote on the course of action. Sounds like they did all of this.

If she decided she didn’t need insurance, that was, in hindsight, a bad decision.



Really, just responding to a post 12 1/2 years ago. You really need to get a life.
GeorgeS21
(Florida)

Posts:349


06/28/2018 9:25 PM  
Gah ...I just saw it on top of the grouping of posts .... SHOOT, assume it was a NEW post.

Sorry.

How do these get bolded and to the top of the listing of threads?
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