Not surprising are the calls we get from property owners living in condos, who are looking for help following property damage to their building that affected their unit. This often takes the form of damage to the unit owner’s property which often includes their personal property, i.e., contents, as well as items such as carpet, other types of floor covering, trim items such as door frames, baseboards, cabinets, and the list goes on depending on the type and severity of the damage and the wording in their condominium documents. When a covered casualty event occurs, whether it’s water, fire, the dreaded “mold” word or some other peril, the finger pointing starts and the unit owner is caught in the middle.
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Our firm was happy to contribute to the June Florida Community Association Journal Hurricane Preparedness issue. Below is our article plus here’s a link to many more expert articles on disaster prep.
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On September 16, 2020, Hurricane Sally caused severe damage all along the Emerald Coast and greater Pensacola regions. The effects of Sally were not quite as extensive as what the Mariner endured with Hurricane Ivan in 2004, though Sally’s impact did pack a windy punch rendering the building uninhabitable for quite some time. 
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There is no questioning the devastation that a hurricane can bring.  Hurricane Sally brought severe winds, flooding, wind driven rain, tornadoes and widespread power outages. And as we have learned, even the slightest hurricane can cause massive damage. This storm season is no different with storms incurring property insurance claims well outside their main core. Condominiums along the coast have seen some of the worst damage. As condo associations and their unit holders interact with the insurance company, things can quickly change and the stories that unfold can be heartbreaking. 

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While we are assisting Condominium Associations and working with property managers trying to manage their Hurricane Sally insurance claim, this is about the time in the insurance claims settlement cycle that we start getting calls from property owners living in condos, who are looking for help following property damage to their building that impacted their unit. This often takes the form of damage to the unit owner’s property, including their personal property as well as items such as carpet, other types of floor covering, trim items such as door frames, baseboards, cabinets and the list goes on depending on the type and severity of the damage and the wording in their condominium documents. When a covered casualty event occurs, whether it is from wind, water, fire, or the dreaded “mold” word, the finger pointing starts and in many cases the unit owner is caught in the middle.

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I’ve had the opportunity to consult with several Condominium Association Boards after major storms like Hurricane Sally. Most of the conversation deals with recommendations for dealing with their insurance company adjuster and contractors that I would like to share with others who may benefit from the same information.  

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Q. I serve on a COA Board and we recently had a fire. Our property manager is telling us the contractor will handle everything, while some of us want to talk to a public adjuster. What is your perspective?

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This is about the time in the insurance claims settlement cycle that we start getting calls from property owners living in condos, who are looking for help following property damage to their building that impacted their unit. This often takes the form of damage to the unit owner’s property, including their personal property as well as items such as carpet, other types of floor covering, trim items such as door frames, baseboards, cabinets and the list goes on depending on the type and severity of the damage and the wording in their condominium documents. When a covered casualty event occurs, whether it is from wind, water, fire, or the dreaded “mold” word, the finger pointing starts and in many cases the unit owner is caught in the middle.

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After a meeting with the Board President of a Panama City Condominium Association, I had the chance to follow-up with some recommendations for dealing with their insurance company adjuster and contractors that I would like to share with others who may benefit from the same information.  

First, keep in mind that the Board has a fiduciary responsibility to the both the Association members and to itself. The Board will need to assign someone to manage all aspects of the claim to the very finish.  Whether that person be an individual or a committee, ideally that person(s) would need to be qualified and competent to get the association through this burdensome process.  By no means will this be an easy process and given the magnitude of this catastrophic Hurricane. These claims can get complicated and many will not be amicably resolved their claims to their satisfaction.

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A lot of properties that experienced Hurricane Irma losses will have Law & Ordinance issues. Law & Ordinance kicks in when the Florida building code requirements impact what will be required in order to obtain a CO (Certificate of Occupancy) in order to reoccupy the damaged structure. It is a separate coverage in your policy that you must elect and covers some of the cost of required code upgrades. If your property (be it commercial or residential) suffers a loss where the cost of repairs is greater than 50% of the pre-loss value of the real property, your repairs must incorporate current building code upgrades. 

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