Hurricane Ian Property Damage Lawyer – Condo, HOA, & Apartment

Following Hurricane Ian in September 2023, more than 680,000 insurance claims were submitted for damage wrought by the natural disaster.

Florida homeowners, apartment renters, condo owners, and other individuals and business owners have submitted claims to an insurance company and found them dismissed or yet unpaid.

If you are part of a homeowners association or condominium association seeking insurance payments for hurricane damage, you are not alone, and help is available. 

Hurricane Ian And Condo, Housing, & Apartment Damage

Hurricane Ian inflicted damage along the Gulf Coast,  particularly in Lee County. Certain areas in Southwest Florida were hard-hit by the hurricane, including: Fort Myers, Fort Myers Beach, Captiva Island, Pine Island, and Sanibel Island.

However, inland areas in South Florida and Central Florida also sustained property damage, including Miami-Dade County, Orlando, the Tampa Bay region, and even the northeast regional.

In fact, very little Florida real estate was spared damage from the storm surges, high winds, and heavy rains of Ian.

Property owners and renters in Florida condominiums, apartment buildings, residential homes, businesses, and other homes and buildings have been filing insurance claims, which began as early as just one week after the storm.

Property managers and individual homeowners alike have been left empty-handed, though, with more than 87,000 insurance claims still unpaid and more than 169,000 dismissed without a payout.

If you have sustained damage to your personal property or property damage to your condominium unit following Hurricane Ian, and your insurance was current and in good standing, you should be able to seek an insurance payout.

Florin|Roebig law firm can help you hold insurance companies accountable for paying for damages covered in your homeowners insurance policy. Reach out to us right away to get started.

What To Know About Florida Property Damage Claims

If you are a part of a condo association, a property manager for an apartment building, or a homeowners or community association, here’s what you need to know about hurricane damage claims in the state of Florida.

Condominium Insurance Claims

Condominium owners are required to purchase two types of insurance policies: their individual condo insurance plan for their unit (condo) and their condo association insurance plan. The condominium association insurance plan is also sometimes called the master plan. 

These policies vary widely depending on the individual, the condo association, and their level of required coverage. 

In general, individual condo insurance plans offer coverage for damage inside the unit, while condo association insurance plans cover damage for the condo building and common areas. Common areas in condo buildings may include hallways, stairwells, swimming pools, entryways, pools, and rooftops, among others.

Condo building owners may face barriers when filing hurricane damage claims:

• Wind damage vs. flood damage: Insurance carriers may dispute whether damage to parts of a condo building was caused by high winds or water/flooding. Wind damage is usually covered by insurance, while flood damage may require a separate policy.
• Multiple insurance carriers involved: There may be multiple insurance policies for a single condo building, meaning all insurance carriers must perform assessments. Ultimately, this can make claims communications difficult.
• Lack of communication: Condo damage claims may involve a number of interested parties, from HOA associations, to condo associations, to board members. Communicating with various parties can prove a complex task.
• Lack of insurance coverage among unit owners: Unfortunately, many condo owners in Florida are underinsured for the damage wrought by Hurricane Ian.

If you are part of a condominium association, don’t despair. Reach out for help from Florin|Roebig to learn the next best steps to take for your hurricane damage claim.

Apartment Insurance Claims

Apartment building owners face unique challenges with all damage claims, and hurricane damage claims are no exception.

Unlike condo owners, apartment renters do not own their unit and are not usually responsible for damage inflicted to the unit caused by the hurricane. 

This means damage claims are the responsibility of building owners, and such large claims are disputed by insurance companies. 

In addition, if conditions of the apartment building are made unlivable by the hurricane, renters may have to vacate, meaning they won’t be paying rent. These conditions result in a further loss for the apartment owner, while waiting for claims to be approved.

HOA Insurance Claims

Homeowners association members face a difficult task when working to file claims for repairing homes and/or buildings in their association following a hurricane.

That is, they are responsible for helping restore their neighborhood or community to livable conditions, as well as for repairing their own home. 

And with damage claims often affecting common elements among multiple units of the HOA, the claims process can be complicated.

For this reason, it’s in your best interest to work with a hurricane damage attorney, like those at Florin|Roebig, for your claim. We can manage the claims process for you, so you can focus on restoring your neighborhood.

Tips For HOAs And Condo Associations After A Hurricane

Are you still in the process of repairing your property or community after the latest hurricane season? 

Follow these tips to ensure a smooth claims process and avoid costly errors.

1. Don’t Put Down A Large Deposit For Repairs

After a hurricane, you may be anxious to fix any property damage and get all units back to livable order. But don’t allow contractors to pressure you into making large deposits on repairs. 

A contractor may argue that a large down payment is needed to cover the cost of repair materials. However, there are ways to get around this step. 

Instead, you could offer to call and pay the material manufacturer directly. Doing so ensures your payment goes only toward the materials. In turn, you will also receive receipt of your payment and confirmation that repair materials are ordered and shipped.

2. Consider Risks And Benefits Before Hiring A Public Adjuster

Public adjusters are paid a percentage of the overall claim payout. Thus, they have a vested interest in working toward a larger insurance claim, rather than working to quickly and effectively close out the claim to help HOAs restore their buildings or units.

If you choose to work with a public adjuster, carefully consider the benefits they will provide. 

Will the overall payout after working with them and deducting their fee be greater than filing the claim without an adjuster? If the answer is ‘no’, it may be best to not work with one.

3. Avoid Signing Assignment Of Benefits Contracts

An ‘Assignment of Benefits’ (AOB) document signs over your claim payout to the contractor for work they perform. 

The problem, in the past, has been that contractors would obtain the AOB and refuse to complete the repairs until a settlement was reached with the insurance company. 

Florida statutes regarding AOBs have since been amended to offer greater protection for policyholders.

To avoid signing AOBs that will allow a contractor to avoid performing property repairs, consult an attorney for a case review.

4. Vet All Contractors

Hurricane damage is a business opportunity for contractors of all kinds, and out-of-state contractors may flood Florida to offer their services — and, sometimes, to take advantage of desperate home and building owners. 

Not all out-of-state contractors have ill intentions. Still, be sure to vet contractors carefully for reputation, skill level, and licensing to avoid costly damage and legal fees (should you have to pursue them later on).

5. Hire Contractors With Professional Florida Licensing Only

To help ensure you are working with properly licensed contractors, ask to see their proof of licensing with the Florida Construction Industry Licensing Board.

Always opt for contractors who are well-backed by a full team and spotless reputation and track record. You can also contact a license qualifier agent to look into the contractor’s licensing to ensure it is legitimate and current.

6. Understand The Risks Of Leaving Third-Party Rental Equipment On The Property

This tip is important both following a hurricane and in general: be aware that third parties who have left rental equipment on your property may be able to charge you fees.

In other words, if a contractor works on your site and leaves its work equipment, it can place a lien on your property totaling up to thousands of dollars.

Avoid this risk by sending a notice to the contractor within two business days, asking them to pick up their equipment. If you’re unsure how to write up this notice, the law offices of Florin|Roebig can help. 

7. Insist On A Maximum Price For Repairs

Contractors may ask for fee assessments in several types of ways, one of which is the Time and Materials contract agreement. 

This open-ended contract allows contractors to charge you for their hours worked and materials used. In some instances, there may be no viable way to regulate the hours spent or the materials used for repairs, meaning the contract could easily become unmanageable for you and your HOA or condo association.

Instead, HOA board members and condominium association members should ask for a total projected cost for repairs, with add-ons to be made on an as-needed basis during the repair process, whenever possible.

8. Remember To Assess Special Association Repairs

All Florida condo owners must carry at least $2,000 in property loss assessment coverage within their individual insurance plan, according to Section 627.714 of the Florida Statutes.

This means condo associations and HOAs can perform special assessments to make use of that coverage. However, be aware that the special assessments can only be issued for the specific type of coverage in a unit owner’s insurance policy.

Note that the condo unit owner will generally have a deductible for this type of claim, which may total no more than $250.00 for a policy of $2,000.

9. Ensure All Repairs Are The Association’s Responsibility

HOAs, condominium associations, and other community associations must be careful when submitting hurricane damage insurance claims on the association’s behalf.

That is, you must ensure that all damage claims are for those which are normally covered by the association. If the claim is for damage that is normally the responsibility of the condo unit owner, the association could have the claim dismissed and even be held liable.

10. Always Be Wary Of Insurance Fraud Practices

At every turn, homeowners associations should be aware of unintentionally committing insurance fraud practices.

Contractors and public adjusters working with you to get your building and property repaired and to have your claim approved may beef up claims in an attempt to cover their own fees.

Exaggerating your claim amount or the scope of your claim (amount of damages) could make your homeowners association liable for insurance fraud, a much larger issue than simply not getting your claim approved or getting enough compensation.

To avoid this downfall, speak to a hurricane damage attorney for help with your claim as soon as possible for trusted legal aid.

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How To Handle Insurance Denials For Hurricane Ian Damage

Sadly, many hurricane damage insurance claims in Florida have been denied following Hurricane Ian. Claim denial is not an uncommon practice, and your claim may be denied for a number of reasons.

Here are some steps to take if your HOA hurricane insurance claim is denied: 

• Submit a written explanation request: You can write to your insurance carrier to ask for an explanation that breaks down the reason for the denial. Insurance policies are legal contracts, and if all of your legal obligations are met, the insurance company must pay the claim. 
• Review your coverage details: Often, claims are denied because the insured did not have coverage for the damages listed or due to an unmet deductible. Ensure that you have adequate coverage, that your deductible is satisfied, and that your premiums are up to date before going further.
• Review the written response: Read the written response from the insurance carrier for the claim denial and retain it for your records.
• Contact a hurricane damage attorney: To ensure swift handling of your claim denial, get help from a hurricane damage lawyer right away.

Get Help With A Florida Hurricane Insurance Claim

Hurricanes can leave Florida businesses and homeowners at a financial loss, but insurance is meant to restore that loss for covered policyholders.

If your condo association or HOA has been denied an insurance payment, underpaid, or has submitted a claim and is still waiting for approval, it’s time to take action.

Reach out to the law offices of Florin|Roebig today to get in touch with some of the most skilled hurricane damage attorneys in the state of Florida.

We can handle the claims process for you, and we will not be intimidated by the insurance companies. We want to help you restore your property to livable order for your tenants or neighbors. 

Call now for a free consultation to review your claim. 

HOA And Condominium Association Hurricane Damage FAQs

Who pays for water damage in a Florida condo?

Hurricane water damage coverage in a Florida condo may vary depending on the type of damage. For example, if the damage is caused by flooding to a ground-floor condo, it may only be covered by flood insurance, which is usually a separate policy.

If the water damage is caused to the exterior of the condo building by heavy rainfall or the storm surge, it may be covered under the condo association’s insurance policy.

Who is responsible for structural issues in a condo in Florida?

Structural issues generally fall under structural maintenance and are typically the responsibility of homeowners or condo associations in Florida. 

Are condo associations required to have flood insurance in Florida?

Condo associations for condos that are located in high-risk flood zones do have to carry flood insurance. In these Special Flood Hazard Areas (SFHA), condo associations are responsible for condo flood coverage.