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Condominium Insurance Claims Lawyers in Alabama

Helping condominium owners and associations when floods, hurricanes, and other natural disasters or accidents ruin your property

Owning a condo is different than owning a single residence for several key reasons that affect your rights if a severe storm or other disaster causes damage. The main difference is that the condo owners generally own only the interior of their home. The walls, roofing, parking lots, landscaping, and grounds are generally owned by a homeowners’ association (HOA). The HOA should have separate insurance for what they own. Condominium owners generally must coordinate their condo unit insurance with that of the homeowners’ association. Another key difference is that when disasters strike, repairs to your unit need to be balanced with the needs of the other condominium owners.
At Warhurst Law, we have secured millions of dollars on behalf of our clients – money that homeowner associations and condo unit owners need to rebuild, to make repairs, and to help owners move back into their homes as quickly as possible. Whether a hurricane or tornado causes a roof to blow off, a flood destroys your basement, or a fire means losing everything, our Alabama insurance dispute lawyers understand that insurance companies have no right to delay payment or to undercut the full sums that you are due.

Condominiums’ common areas

Some insurance disputes resolve around which insurance company is responsible for which repairs. The HOA insurance carrier may argue that the insurance company for the owners of the individual units should pay, and vice versa. The tail that wags the dog in these cases should be set forth in the insurance contracts. As a general rule, the HOA insurance carrier should pay for the following common areas – the areas that all condo owners have access to:

  • The roofs. Condo units are usually joined together in one or several complexes. For practical and economic reasons, the HOA generally is responsible for insuring the roof.
  • The exterior walls and some parts of the interior walls. The foundations of these walls depend on the foundations and structural supports of other walls. For engineering and practical reasons, the HOA usually is responsible for these walls.
  • The stairways, lobbies, parking lots, and landscaping. HOAs usually look to their insurance carrier to pay for damage to these parts of the condominium complex

Additionally, the insurance company for the HOA is generally responsible for any electrical units, the heating, the plumbing, and the air conditioning.

Our Case Results

$11 Million Hurricane
Hurricane Katrina property damage of New Orleans apartment complex settled pre-suit.

Katrina Settlement

$2.4 Million Settlement in Commercial Tornado Claim
Warhurst Law secured $2.2 million in additional recovery for a lumber mill damaged in a tornado.

Tornado Claim

$2.226 Million Fire Loss Settlement
Warhurst Law secured more than $2.226 million in additional recovery for a Baptist Church

Fire Loss Settlement

$1.3 Million Car Crash Settlement
Client was in a car accident resulting in severe brain damage.

Car Crash Settlement

$26 Million Hurricane Katrina Settlement
Hurricane Katrina loss of New Orleans Apartment complex previously offered $3 million.

Katrina Settlement

Alabama condominium law

The Alabama Uniform Condominium Act governs various aspects of condominium ownership such as how condos are created, how boundaries are determined, the common elements, the applicable bylaws, subdivision of units, and other issues. Section 4 governs the rights of condominium purchasers. Section 3-8A-313 of the Act provides the insurance regulations. The section details what insurance the HOA must have including property and liability insurance. It generally provides that the HOA is considered the primary insurance if the condominium unit owner also has insurance on the property. Subsection (h) specifically provides that “Any portion of the condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the association unless” certain exceptions apply.
The exact requirements of the act, the duties of the HOA, the duties of the insurance company for the HOA, and the rights of individual condominium owners are quite complex. Experienced condo insurance lawyers can guide you through the legalese of the law and the language of the insurance contracts.

HOA insurance claims in Alabama

Some of the issues that the HOA may have with its insurance carrier, that require the experience of condo dispute lawyers to resolve, include:

  • What should be done. Determining whether the complex can be repaired, whether it should be rebuilt, or whether the condo should be terminated.
  • Analyzing the full cost to repair the common areas and the interior units. Even though common arears are a priority, the individual units will need to be repaired too. The unit’s floors, ceilings, walls, plumbing, electricity, appliances, and other damaged items do need repairs.
  • Figuring out the priorities. Which complexes will be repaired first? What common areas will have priority? What units will be fixed first?
  • Deciding how relocation of the owners should be handled? What other housing options can be used? Who should do the repairs?
  • Other HOA issues include:
    • Settling or litigating the full cost to do all the repairs
    • Reviewing with legal counsel the possibility and responsibility for any hidden damages
    • Determining what happens to units that haven’t been sold yet

There are many other issues that require legal help including going to court if the insurance companies fail to negotiate in good faith.

Natural disasters can strike at any time. Just one stove that is left on too long can destroy an entire condominium complex. Condo unit owners and HOAs pay their insurance companies good money to pay for all short-term and long-term damages. At Warhurst Law, we understand exactly how quickly insurance companies should respond to claims, what positions they can take, and which ones are without merit. We understand the complexities of relocation, individual unit damage, and damage to the full condo.

Speak with an Alabama insurance dispute lawyer as soon as any disaster damages your condominium

If you’ve lost everything, partner with a law firm that will put your best interests first. To speak with a highly respected Alabama insurance dispute attorney about your losses, call Warhurst Law at 251-694-1932 or complete our contact form to schedule an appointment. We represent condo owners and homeowners’ associations throughout the Southeast including the Florida Panhandle, the Gulf Coast, and Mobile, Alabama.

Warhurst Law cannot and does not guarantee an outcome to any case.