“We own a condo in a three story building on the second floor. My upstairs neighbor, a renter, overflowed the bathtub during a bender and now my ceiling and walls are damaged. The renter doesn’t have insurance and the condo owner lives out of the country and hasn’t provided his insurance certificate to the HOA.

My insurance company will take care of our damage, but not the damage inside the walls. The HOA’s insurance has been directed to not accept a claim from us. Had the HOA stayed on top of the insurance requirements of our CC&Rs and got the upstairs owner to provide proof every year as required, this would be smooth. I really don’t want to sue the HOA but we need to get this wrapped up.”

It’s unfortunate that your condo has suffered water damage due to your upstairs neighbor, and the situation has been further complicated by the lack of insurance coverage. It’s understandable that you don’t want to sue the HOA, but it may be necessary to resolve the issue.

You mentioned that your insurance company will cover the damage to your ceiling and walls, but not the damage inside the walls. In this case, you may need to independently hire a contractor to assess the extent of the damage and provide an estimate for the repairs. You can then submit this estimate to the HOA and demand that they cover the costs.

If the HOA’s insurance company is refusing to accept a claim because the HOA is telling them not to, you may need to consult with an attorney who specializes in HOA law to determine your legal options. They can help you understand your rights and responsibilities under the CC&Rs and California law.

It’s important to note that the HOA has a responsibility to enforce the insurance requirements outlined in the CC&Rs, including obtaining proof of insurance from unit owners and tenants. If the HOA has failed to do so, they may be liable for any damages that result from their negligence.

To avoid future issues, it may be worth working with the HOA to ensure that they are staying on top of the insurance requirements and taking steps to enforce them. This can help protect all unit owners from potential losses in the future. Running for a seat on the board of directors is a great way to do this from the inside.

You might also consider demanding an IDR so you are given an opportunity to be heard, present your objective findings, and provide another layer of good faith offerings should this issue need to be litigated.