Feb. 2, 2007 - Insurance Coverage when Mother Nature Strikes
Since the snow began falling on December 20th, 2006, there have been some owners who have experienced some water leaks. So, it’s because the building is defective, damaged, or built incorrectly. Right?
Not so fast. Let’s take another look at this. Let’s change the time of year from winter to summer, and let’s use the example of a tornado. What comes along with the winds of a tornado? Generally you’ll have lots of rain and hail. So, if a tornado rips off the roof of your home and the rain enters your home, was the building defective? Was the home built incorrectly? Where the wrong materials used to build the home?
Except in very rare occasions, the answers to the last 3 questions is, “no.” The storm ripped the roof off, therefore allowing the rain to enter the home. The roof wasn’t defective, built incorrectly, or built using the wrong materials. Simply put, Nature ruled supreme and destroyed the roof, therefore allowing water to enter the home. Would the Association be responsible for the water damage caused by the rain entering the home after the tornado? No! It would be an act of Nature, and you, as the home owner, should have adequate home owners insurance to cover this loss. This is very different than renters or condo insurance.
Now, if you experience water leaks resulting from the snow, the cold, and the corresponding ice damming, is the Association responsible for the water that may enter your home? Again, Nature has dumped the snow, dropped the temperatures, and built the ice dams. {Please read our blog on ice damming published February 2,2007} Nature is damaging the roof and allowing the water to enter these homes. So, who has responsibility for the damage?
The repairs to the damaged roof would be the Association’s responsibility. However, just as with the tornado, the subsequent water damage inside the home was not caused by a building defect nor negligence of the HOA, but was caused by the damage caused to the roof by Mother Nature, herself.
A great question for you to ask yourself is, “Have you had an insurance coverage update lately?” If not, you may have inadequate coverage, particularly if your insurance agent is unaware of the appropriate coverage for your situation. When you speak to your agent, make certain he / she understands what coverage you need to protect your investments.
Stay Warm - Jeff Frenzel - HOA Manager
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