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Homeowners Association

Homeowners associations in Florida vary from overseeing entire subdivisions to gated communities to townhouse communities. Some condominium building also have organizations that refer to themselves as an HOA. Homeowners associations are responsible for common areas other aspects of the communities they oversee, and for significant financial resources. To protect those assets, homeowners associations may maintain a property insurance policy.

Insurance Claims for Homeowners Associations

If you lead or are responsible for a homeowners association, and a claim has been denied by the insurance company, the company offers an inadequate settlement or you experience any other type of issue with your claim, an attorney can assist you in recovering for your damages. Michael B. Germain is an experienced Tampa property insurance lawyer who can help take on your homeowners insurance company if you have trouble recovering for a claim.

Call (813) 835-8888 to set up a consultation to discuss the details of your case. The Germain Law Group represents clients across Florida, including in Pinellas, Hillsborough, Manatee and Brevard Counties.


Issues in Homeowners Association Insurance Claims


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Insurance Claims for Homeowner Associations

Homeowners associations are often responsible for significant assets and make important decisions. Insurance can cover a wide range of claims:

Claims to Damage on Property

A homeowners association is in charge of common areas that are available to all or some of the homeowners. These could include small parks, playgrounds, swimming pools, meeting rooms, pavilions, exercise rooms, gyms, gathering spaces and more. The HOA may also be responsible for utilities and other property belonging to the entire community, including gates, fences, walls, sidewalks, air conditioning units and more.

This property could become damaged as a result of fire or weather events, like hurricanes and floods. An insurance policy may cover the damage to this property.

Claims for Liability

The homeowners association may be held responsible in a lawsuit for certain accidents that occur on property controlled by the association. To address these potential claims, an HOA may have a general liability policy.

Claims for Loss Due to Crime

Criminal activity, including vandalism, criminal mischief and arson, can take a significant toll on property owned or managed by an HOA. Additionally, board members or other officers may take advantage of their access to funds and steal. To protect against this type of loss, a homeowners association may carry a policy that covers business crime.


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Difficulty With HOA Claims

Ideally, when you make a claim on your homeowner association's policy, you get a prompt offer to cover the damages you suffered. However, they may not happen. The insurance company could deny the claim, saying that the incident leading to the damage fit under an exclusion or was otherwise not covered by the policy.

The company could also offer an amount to cover the damage that is far below the true cost of the damage, due to undervaluation. It could also unnecessarily delay.

It is important to remember that the insurance company is not looking out for your HOA's best interests. It is a business, looking out for its bottom line. A property insurance attorney can negotiate with them on your behalf to ensure they honor the deal they made with your association when it bought its policy.

If negotiations do not reach a satisfactory agreement, your lawyer can take the insurance company to court to win recovery.


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Building the Best Legal Case for Your HOA Insurance Claim

Michael B. Germain is an experienced Tampa property insurance lawyer who can represent your homeowners association if you are experiencing difficulty with a claim. He will seek the recovery you deserve. Call the Germain Law Group today at (813) 835-8888 to represent your HOA.

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Attorney Michael GermainMichael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.
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