The Houston condo property damage lawyers at Haun Mena represent unit owners and associations in insurance claims. Our law firm makes insurance companies keep their promise.
Call us to talk to a lawyer and begin your case.
Don’t let your condo property damage claim get delayed or denied. We don’t let insurance companies put profits over the people who deserve to be compensated. Our insurance claim lawyers handle cases in Houston and the surrounding areas. Contact us now.
Legal Representation for Condo Property Damage
Our lawyers provide complete representation for individual unit owners and associations in property damage claims. Throughout the Houston area, we can assist you in getting the compensation you deserve in an efficient manner.
A condo property damage claim is a complex matter. The insurance company may deny the claim even though it should be covered. They may offer too little in a settlement. Sometimes, they just don’t communicate. They may accuse you of doing things to invalidate your policy, even though you’ve done everything required of you.
Even if the insurance company does everything in good faith, there is still a lot to do in a condo property damage claim. You must verify your coverage, prove your damages, and submit your claim correctly. We can take care of everything.
Call our office to discuss your case and begin today.
Types of Condo Damage Claims We Handle
Securing coverage when your claim is denied
Insurance companies are great at collecting premiums, but they often aren’t as helpful when it’s time to file a claim. If your claim is denied, we can help you fight for your benefits. We look at the policy language and the reason that the insurer denied the claim. We respond on your behalf, whether it is providing more evidence, negotiating, or pursuing legal avenues to secure your payment.
Disputes between coverages
Your individual unit insurer may say that the association insurance should be covering the damage. At the same time, the association insurer may say that the damages should be covered by an individual policy. When there are disputes between coverage, our lawyers can pursue your benefits.
Proving damages
You deserve the full amount of compensation that is covered under your policy. We work with appraisers and repair companies to value damages.
Identifying the cause of damage
Proving how the damage occurred may be key to securing insurance benefits. We investigate what happened to cause the damage.
Gathering records and documentation
A successful insurance claim often takes a great deal of documentation. Many good claims are denied or delayed because of missing records. Our lawyers know what records to prepare for a condo property damage claim.
Communicating with other parties
When there is property damage in a condominium, a claim often involves a lot of communication. As an individual, you may need to communicate with the association, direct neighbors, and the insurance company. If you’re representing the association, you may need to communicate with individual unit owners and the insurance company. You may also need to talk to contractors, appraisers, banks, and other parties. We can facilitate this communication effectively.
Trial Advocacy
We are trial lawyers. However far we need to take your case to get justice, we are prepared to represent you. Our law firm handles condo property damage claims in their entirety.
Representation may include filing a legal claim and presenting your case in a contested proceeding. We also pursue appeals as needed on behalf of clients.
Legal advocacy and guidance
In addition to representing you with the insurance company and courts, we guide you through the claims process. Insurance isn’t something that most people think about until they need to use it. We explain things that may be unfamiliar, and we ensure that you understand the process as we work through the claim.
Individual Condo Owner Insurance and Association Insurance Policies
When it comes to condominium insurance, it’s important to distinguish between the association’s insurance and each individual unit owner’s insurance. An individual owner maintains insurance to protect the things that are specific to their unit and its contents. At the same time, the entire condominium association maintains an insurance policy that protects common areas and assets.
Individual condominium unit insurance
Individual condominium insurance may cover things like:
- Appliances
- Furniture
- Electronics
- Tools
- Clothes
- Personal effects
There are different levels of coverage a person may elect, like the actual cash value of the items in their current condition or the cost to replace the items. There may be exclusions or limitations for certain items like jewelry or artwork.
Condominium association insurance
By its very design, a condominium is part of an association or a group of units. In addition to the individually owned units, there are common areas and spaces. Even the interior and exterior walls may be shared between owners. The entire association should have an insurance policy in its own name. The insurance policy likely covers things like:
- Foundations
- Bearing walls and columns, interior and exterior
- Roof
- Walkways, halls
- Stairwells, elevators
- Decks, balconies
- Sidewalks, entrances, exits, and communal areas
- Picnic areas, playgrounds
- Spaces for managers, janitorial services
- Clubhouse, lobbies
- Greenspace, yards, gardens
- Waterfront, beach areas, swimming pools
- Compartments for utility services, heat and air, garbage
The master insurance policy covers the common areas. The individual policy covers the property of the individual owner. Except for things that may be excluded, in general, most issues should fall under one type of coverage or the other.
Property damage and personal injury coverage
In addition to covering structural and personal property damage, there are other things that condominium insurance may cover, like personal injury liability. If someone is injured because of a dangerous condition, condominium insurance may cover liability for damages. Either an individual owner’s policy or the master policy may apply, depending on where the injury occurred and the circumstances of the injury.
Condo Property Damage Claim FAQs
Who pays for condominium insurance?
Generally, condominium insurance is paid for out of dues or assessments. A unit owner is responsible for their share of expenses to maintain common elements, which may include insurance for the association as a whole.
Should master condominium insurance be in the name of the council of owners or an individual name?
Insurance for the entire condominium association may be written in the name of the council of owners or in the name of a designated person as trustee. Each unit owner is a beneficiary, whether they are specifically named or not.
How are insurance proceeds distributed if there is a condo property damage?
If a condo complex is damaged, the insurance proceeds shall be used to reconstruct the building. If more than 2/3 of the building needs reconstruction, the association may elect not to rebuild. If they choose not to rebuild, they must pay the proceeds to the individual apartment owners or their mortgagees unless they unanimously agree otherwise.
What if there’s not enough condominium insurance to rebuild?
If a condominium complex is damaged, and there’s not enough insurance to pay for reconstruction, the owners must pay the difference. If the bylaws say something different, the bylaws are controlling.
What laws apply to condo property damage claims in Houston?
Laws that may apply to condo property damage claims in Houston include Texas Property Code, Title 7. Condominiums, the Texas Insurance Code, and the City of Houston Code of Ordinances.
Talk to a Lawyer About Your Condo Property Damage
Have you suffered damage to your condo? We can help you move forward with a condo damage insurance claim. Talk to our lawyers in Houston at Haun Mena and begin your case today.
