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Vendor’s mistake falls on HOA | Residence and Backyard

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Q: A vendor engaged on the widespread space of our constructing knocked a hose bib out of the wall, inflicting a flood in our residence. I checked with the affiliation administration, and so they had no insurance coverage data on file for the seller.

Who’s chargeable for repairing the injury attributable to this vendor’s negligence?

A: As a result of the flood was attributable to the carelessness of your affiliation’s vendor when engaged on the widespread space of your neighborhood, the affiliation is finally accountable.

The affiliation will most probably make a declare on its insurance coverage, who will look to the seller for reimbursement.

The seller’s lacking insurance coverage might complicate the insurance coverage declare to your neighborhood.

Anyone, together with your affiliation, ought to rent licensed and insured professionals, and their insurance coverage firm might use this misstep to scale back or deny that declare.

If this occurs, your affiliation will nonetheless be chargeable for the repairs, however the cash might want to come from the neighborhood.

Working an affiliation ought to be handled like operating a enterprise, and the management must make it possible for administrative issues, resembling this one, get taken care of. In any other case, a mistake can have penalties for your entire neighborhood.

If you are ready for this to occur, you will want to take away the water and forestall additional injury. You aren’t allowed to take a seat again and wait.

In case you do, you can be chargeable for further repairs attributable to the delay. That is known as “mitigating your damages.”

Doc all the things that occurs by taking plenty of pictures and detailed notes of who you converse to and what was stated.

If the scenario goes off the tracks, your good documentation will show invaluable to your legal professional.


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