Power Wash Mishap.. who is going to be held responsible?

Started by FionaC • 8 replies • 1401 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

FionaC (California)
Posts: 212

Posted:

Hello all,

Our building is underway for being cleaned for over haul and painting.

We got noticed the other day that stated work would start on such and such date. It stated, if windows leak, place a towel under them, that was about it for warning us about possible issues.

Today I came in from work and found a huge puddle of water which obviously came from under our front door. The puddle partially dried, but the majority of it essentially got soaked into my lamenet wood... you know where this is going.

The water was sopped up. There is already visible swelling and lifting of the flooring.

Who where should this start?? I mean I have never had issues with a leaking front door.. we have cleaners who hose off our property monthly and never have I had this issue.. even with rain never had this issue...

I sent off a letter to our management company and explained that I intend to hold the vender or the HOA responsible for this. I don't think it should be my homeowner's insurance..

PeterD3 (Florida)
Posts: 708

Posted:

You file a claim against your insurer (who would then file a claim against the insurer of the contractor).

JeffR7 (California)
Posts: 251

Posted:

Fiona, depending on your CC&Rs your HOA may not be responsible for it. Many associations have language that basically says that they are not responsible for any damage inside the unit even if it was caused by common property or the association.

Your best bet would be to try to go after the contractor or your own insurance. If this contractor is doing the whole project they might just eat this to make sure they don' lose the project

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JeffR7 on 11/01/2011 7:11 PM
Many associations have language that basically says that they are not responsible for any damage inside the unit even if it was caused by common property or the association.

Such language is meant to discourage lawsuits, but may not be enforceable. Ever read the disclaimer printed on many baseball tickets? It says the ball club is not responsible for personal injuries resulting from the hazards of the game. Wanna bet?

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By BruceF1 on 11/02/2011 4:34 AM

Bruce...working in the sporting industry yes I would bet you on that one. Courts have ruled over and over that attending a baseball game comes with inherient risks such as catching a foul ball in the face. Parks have a certain obligation to meet for safety but if you are sitting in an unprotected area you are fair game for injuries on your dime.

To this question, I would file a claim with your company if damage is enough and let them sort out who pays. Have you tried drying out the floor? I would run a fan over the area to try and dry it out, may be too late but you never know.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can contact the HOA and ask if this can be filed against the contractor's insurance. The contractor's a HOA hires should have an insurance policy before they are hired. We hired a tree company a few years ago to cut down a few problem trees. The ultimate damage caused was unpredictable. They cut a few cable/phone lines and an outdoor light post power line. We had no idea this was going to happen. However, the company did cover the making the corrections and contacting the cable company for repairs. All covered under their insurance.

This why I say contact the HOA board with your damages for them to contact the contractor for a resolution. If this doesn't work, then you may need to contact your own insurance company. They may decide how to best handle the situation. You may have to pay the deductible but allow them to go after the contractor.

By the way, laminate flooring can go back down on it's own given time and pressure. I would have put some weight down on the area while it was still wet and wait for it to dry. A fan would help too. You may want to check for mold and see if a bleach solution will help. This kind of mold shouldn't be the dangerous kind it's just not pretty to look at. It may be best to just have it removed in the long run and check the weather stripping around the door.

Former HOA President

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By MelissaP1 on 11/02/2011 2:30 PM
You can contact the HOA and ask if this can be filed against the contractor's insurance. The contractor's a HOA hires should have an insurance policy before they are hired. We hired a tree company a few years ago to cut down a few problem trees. The ultimate damage caused was unpredictable. They cut a few cable/phone lines and an outdoor light post power line. We had no idea this was going to happen. However, the company did cover the making the corrections and contacting the cable company for repairs. All covered under their insurance.

This why I say contact the HOA board with your damages for them to contact the contractor for a resolution. If this doesn't work, then you may need to contact your own insurance company. They may decide how to best handle the situation. You may have to pay the deductible but allow them to go after the contractor.

By the way, laminate flooring can go back down on it's own given time and pressure. I would have put some weight down on the area while it was still wet and wait for it to dry. A fan would help too. You may want to check for mold and see if a bleach solution will help. This kind of mold shouldn't be the dangerous kind it's just not pretty to look at. It may be best to just have it removed in the long run and check the weather stripping around the door.

H

Hello all,

I did take your advice, the laminate is damaged, and the lifting occured as soon as the water was mopped up. I took the easy route. I called my homeowner's insurance and they are going to take the information for the vendor and follow up for payment the legal route. I am out of the picture.

Meanwhile, I have a floor man coming by today to check it out and set up a date to replace the entire 500 square feet of laminate. Horrific.. the insurance company stated that they do not "repair" areas. They redo the entire floor for several reasons. #1 the product on the floor may no longer be in production. #2 it eliminates mold issues.

But at least it will be taken care of.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Fiona,

I'm glad it worked out.

You might want to look into a better weather seal for the door to try and minimize this from happening in the future at the next power washing.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By TimB4 on 11/10/2011 11:56 AM
Fiona,

I'm glad it worked out.

You might want to look into a better weather seal for the door to try and minimize this from happening in the future at the next power washing.

Thank you.....

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here