Category Archives: Ask the Experts

Articles provided by Charlotte Observer

Water heater damage and Insurance

Water heater damage is a common condo issue
Michael HunterQ: Our HOA’s insurance is not being renewed due to our loss experience, which is mainly due to water heater failures and the resulting damage to one or more units.

Can we amend our governing documents to require that the homeowner’s personal insurance will be the primary insurance and the condo association’s insurance will be secondary? Could we amend our Declaration to provide that damage to units due to leaking water heaters more than eight years of age, for example, will be the responsibility of the unit owner?

Damage due to aging water heaters is a very common and serious problem for condominiums, since the leaking appliance often will flood not only the owner’s unit, but also those adjacent to or beneath his unit. The water can also cause significant damage to common elements.

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Who should pay assessments on lots?

Michael HunterQ: Our development was approved by the county planning department in late 2000, but didn’t actually break ground until 2003. Once the HOA was created, assessments were levied on individual lot owners, but the developer has never paid assessments for any of the undeveloped lots that it owns.

Further, the developer holds two of the three seats on our board of directors. Is the developer required to pay the assessments on the undeveloped lots that it owns? It still has about 100 unsold lots.

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Who should pay assessments on lots?

Q: Our development was approved by the county planning department in late 2000, but didn’t actually break ground until 2003. Once the HOA was created, assessments were levied on individual lot owners, but the developer has never paid assessments for any of the undeveloped lots that it owns.

Further, the developer holds two of the three seats on our…

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Loose Lips Sink Ships:

What can Directors say when there is a Claim or Lawsuit?

Many Directors have questions about what they can say and who they can speak to about a claim or actual lawsuit. They understand there is a fine line be­tween preserving the confidentiality that such actions require while maintaining the “open book” nature of associations and do not want to inadver­tently cross it. While not all inclusive, what follows is a guide of who the Directors can speak to and what they can say.

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