Condo Associations: I could scream

minskat30 · November 2013

I'm so frustrated right now. Our condo association (which is very clicky and which I don't really interact with that much) just denied our claim for car damage. We had a car rental, H was backing into the garage (our parking spot is right by the door) and the door all of a sudden came down on the car even though the car was half way through the garage door and clearly in the sensor. They claim that they tested the door after the incident and it seems to work fine now so it must have been our fault that the garage door slammed down on the car and caused $700+ worth of damage. How the hell is it our fault if the car was in the sensor's range (again, half of the bloody car was through the door when it hit the car and H wasn't going fast through the door...he was trying to park)? The sensor clearly malfunctioned. I'm so fucking livid right now. H wants to sue them but I don't want to end up in an all out war with our neighbors.

Suggestions?

doubleSS07 · November 2013

Do you have the ability to appeal the decision? If so I'd maybe think about getting another opinion on the door and the sensors from a repair company or even 2 to submit if there was a malfunction. i wouldn't take them testing the door as a "professional" opinion.

minskat30 · November 2013

Thanks, ladies. @doubleSS07 - I don't even know if they had a board meeting on the issue (no one told me it would be on the agenda if they did) and the damage happened months ago. The management company we use basicially told me that the insurance people needed to just trade information and it would be a done deal not that the board would have to vote on it. I'm going to email the board president tonight and ask for some more information but I like the idea of getting a second opinion. The malfunction supposedly hasn't happened since our incident so I think they are relying on that as "proof" that there is nothing wrong with the door.

cu97tiger · November 2013

I would talk to your insurance. They will sometimes get involved on your behalf in something like this.

minskat30 · November 2013

@cu97tiger - Unfortunately, this was a rental car and H didn't get the insurance on it (I love him so I won't call that decision dumb). The rental car place did get involved on their end and tried to sort it out directly with the condo association's insurance. They told us how crazy the association was being...that these are open and shut cases and clearly show liability for the association. My association obviously doesn't agree. I'm still trying to figure out if the condo's association insurance agent denied the claim and my assocation decided not to pay it out of pocket or if my association didn't bother to submit it to their insurance at all.

I'm going to hate having to sue neighbors but I think I might have to. I'm not going to eat $700+ of damage just because they don't like me. They've complained about our dog barking before (he's never left alone for more than an hour or two once or twice a week at most and never allowed to bark when we are home for more than a few minutes without us correcting him). I've gotten nasty notes from the association about it even though others in the building have very loud dogs that have accidents on the stairwells...those are ok, however, because those dog owners are in the "in" crowd). I really feel like I'm in an episode of Mean Girls sometimes with this association.

Vent over...for now. H is even more pissed than I am so tonight ought to be "relaxing".

suzie211 · November 2013

minskat30 said:

@cu97tiger - Unfortunately, this was a rental car and H didn't get the insurance on it (I love him so I won't call that decision dumb). The rental car place did get involved on their end and tried to sort it out directly with the condo association's insurance. They told us how crazy the association was being...that these are open and shut cases and clearly show liability for the association. My association obviously doesn't agree. I'm still trying to figure out if the condo's association insurance agent denied the claim and my assocation decided not to pay it out of pocket or if my association didn't bother to submit it to their insurance at all.

I'm going to hate having to sue neighbors but I think I might have to. I'm not going to eat $700+ of damage just because they don't like me. They've complained about our dog barking before (he's never left alone for more than an hour or two once or twice a week at most and never allowed to bark when we are home for more than a few minutes without us correcting him). I've gotten nasty notes from the association about it even though others in the building have very loud dogs that have accidents on the stairwells...those are ok, however, because those dog owners are in the "in" crowd). I really feel like I'm in an episode of Mean Girls sometimes with this association.

Vent over...for now. H is even more pissed than I am so tonight ought to be "relaxing".

Did he use a credit card to rent it? Many cc's have car rental insurance built in. Double check!

minskat30 · November 2013

Very good point @suzie211 - He did use a credit card. We will check that out, thanks!

leia1979 · November 2013

As Suzie said, you might check if your credit card or even your regular auto insurance provide any coverage.

I so get you on HOAs. We just got a letter last night (that was sent to the lady that owns our unit) that we "frequently barbecue" and that grilling is no longer allowed. Um, we've barbecued once in like three months. They might be confused with our downstairs neighbors who barbecue all the time (seriously, the HOA is convinced the even-numbered units are downstairs, not upstairs). We've been here 4.5 years and never heard we couldn't barbecue until last night--we specifically asked the agent before we moved in.

minskat30 · November 2013

@leia1979 - Grilling isn't allowed at your place? WTF! I'd be so mad if I couldn't grill on our patio.

I hate HOAs. I've been nothing but nice to my neighbors (moving packages out of the direct line of sight of the main door so we don't get theives, reviewing the board resolutions for legal issues for free when they asked me to, cleaning up other's messes in the hallways, etc.). My only "negative" is that my dog barks but I don't let it go on and on and on like others do in my building and it definitely doesn't qualify as nuisance noise in the city of Chicago (I think that is the only reason they haven't hit me with fines). No more Mrs. Nice Lady.

KateJ16 · November 2013

@minskat30 my HOA is mainly made up of people over the age of 70 - so nothing ever ever gets accomplished (or if it does, it's something so irrelevant you wonder how it ever became a topic of discussion). I so wish us young'uns could take over, but I don't see that happening while I live there...

cu97tiger · November 2013

@minskat30 - also check your state's laws. In Arizona, even if you don't get the insurance on a rental car, if you do get in an accident in their car, the rental car company has to cover you.

I would get the information about the HOAs policy. The board doesn't get to decide if they pay or not, their insurance company does, so I'd call the insurance company directly.

loves2shop4shoes · November 2013

@Minskat30... do they not know you're a lawyer?

Like... do they not realize how EASY it would be for you to sue them?

WTF?

minskat30 · November 2013

Thanks, @cu97tiger - Great information. Thank you, lady, you are wise. I'm normally so level-headed and, as a lawyer myself, think strategically about options before reacting emotionally but this has me so mad I can't think straight. It is like they are calling us liars. Poor H was so shaken up after the incident.

minskat30 · November 2013

loves2shop4shoes said:

@Minskat30... do they not know you're a lawyer?

Like... do they not realize how EASY it would be for you to sue them?

WTF?

Yes, I've helped them with legal documents before (for free I might add). WTF is right. That is why H just wants to sue. I'd rather resolve it peacefully if possible.

They decided this without a Board meeting too. Thankfully there is one coming up. I'm going and will try to remain composed, listen to them, state my case and if no movement I think I have to sue. We are 100% not at fault and I don't say that lightly.

Condo Associations: I could scream

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