My question involves real estate located in the State of: California
The sewage mainline for our building got clogged and our unit flooded as a result. The HOA Board and Property Management company were actually onsite conducting a meeting and we reported that water was coming out of the bases of all three toilets in person. Without looking at our unit, they immediately dismissed it as a homeowner issue saying that the wax seals at the bottom of our toilets were worn. While we were trying to clean up the water a board member noticed that water was pouring out of the pipes in the parking garage. This was then they acknowledged that this was a mainline block.
They sent out their plumber who was not able to fully resolve the issue, but was able to remove a cap on a pipe that relieved the pressure and allowed the building to use water again. They also sent a remediation company to help us cleanup our unit and stabilize the situation. Their initial assessment is that we basically have to take up all the flooring, demo all of our bathrooms and take out several cabinets, etc. They estimated the job would take 6-8 weeks.
My question is with regards to loss of use. I have a family including a 2 year old and dog that will be displaced for two months plus and the PM said their insurance doesn't cover loss of use. I don't see any mention of it either way in my CC&R's. I asked the PM to provide me with the exact page and article that specially says they do not cover loss of use. My question is, if it is not mentioned specially, am I to assume that it is not covered? If it is not mentioned, is there any recourse I have with getting assistance with being displaced by a building issue? Unfortunately it would not be in my best interest to file a claim with my condo insurance because two months ago I already filed a claim for a different issue. The result is that they said it would increase my premium and even policy cancellation. So my condo insurance is not a good option.
Thank you in advance.
The sewage mainline for our building got clogged and our unit flooded as a result. The HOA Board and Property Management company were actually onsite conducting a meeting and we reported that water was coming out of the bases of all three toilets in person. Without looking at our unit, they immediately dismissed it as a homeowner issue saying that the wax seals at the bottom of our toilets were worn. While we were trying to clean up the water a board member noticed that water was pouring out of the pipes in the parking garage. This was then they acknowledged that this was a mainline block.
They sent out their plumber who was not able to fully resolve the issue, but was able to remove a cap on a pipe that relieved the pressure and allowed the building to use water again. They also sent a remediation company to help us cleanup our unit and stabilize the situation. Their initial assessment is that we basically have to take up all the flooring, demo all of our bathrooms and take out several cabinets, etc. They estimated the job would take 6-8 weeks.
My question is with regards to loss of use. I have a family including a 2 year old and dog that will be displaced for two months plus and the PM said their insurance doesn't cover loss of use. I don't see any mention of it either way in my CC&R's. I asked the PM to provide me with the exact page and article that specially says they do not cover loss of use. My question is, if it is not mentioned specially, am I to assume that it is not covered? If it is not mentioned, is there any recourse I have with getting assistance with being displaced by a building issue? Unfortunately it would not be in my best interest to file a claim with my condo insurance because two months ago I already filed a claim for a different issue. The result is that they said it would increase my premium and even policy cancellation. So my condo insurance is not a good option.
Thank you in advance.
Articles and Bylaws: Building Sewage Mainline Got Clogged, Condo Unit Flooded As a Result
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