i have searched our condo documents and nothing addresses our situation. five units of the 6 of us have paid all the flood, etc. insurance costs for the last 3 years. this last owner who was in the mortgage business and has about 5 mortgages on the property rents out the property in the summer and collects a substantial amount. for the last 2 years or more, we have been hearing about a short sale but it hasn't happened. in the meantime, we filed a lien for our back dues.
however hurricane sandy has caused substantial damage to our condo and it will have to be rebuilt. the insurance could possibly cover rebuilding, but more than likely we will have to put in additional money and that unit will not join in. then, i think we would be unlikely to ever recoup their share of what they should have paid.
but if we did have additional funds, it seems very unfair that they would share in it. if none of us had paid up the insurance, we would get nothing back, so why should they get anything.
i am going to start another thread with a question about eminent domain and what the town and state are trying to do to our property.
If the dune is to the west of you, how could it be on the ocean side of you?
So the state is trying to protect all units on the island by building a dune to protect against the next ocean flood, is that right?
If so, I'd suspect that this might be the only way your condo could be insurable. While you're likely correct about eminent domain being a good argument, the insurance companies may force the issue.
Here's my response to this question:
If he's in arrears to the HOA, why hasn't the HOA chased him for the dues?
posted: Mar. 26, 2013 @ 5:57p
i'm looking for ideas about how to handle this situation.
posted: Mar. 26, 2013 @ 6:17p
remmymom said: i'm looking for ideas about how to handle this situation.
It isn't correct to say that he didn't pay insurance: he paid insurance by incurring a debt with you. So, he owes you the back fees, and he receives the benefits of the insurance payout. That was the deal before the hurricaine: you paid the full insurance amount, he owed you money. So that's the deal after the hurricaine.
posted: Mar. 26, 2013 @ 6:20p
and if we have to spend more money than we receive in insurance for rebuilding, we just eat his cost and let him and the banks get away without paying for any of it?
With many topics, I think it's good to get feedback from FWF members. However, on this one, I'll be the first (possibly of many) to say you really need to speak with a lawyer. This sounds extraordinarily complex (insurance + government claiming eminent domain + HOA member with unpaid dues). Too many moving parts to really get a handle on the right way to deal with things. I'd say look for the best real estate attorney you can - and let us know what he says.
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