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I am following a conversation:

An owner claims there is mold inside. He indicates that it was caused by a hurricane. Hurricane / Flood Insurance indicates it is not covered. I believe that the Associations Governing docs indicates that it is interior damage is the responsibility of the owner (not the association): is this correct?

This question of responsibility is fact dependent on what caused the mold, meaning who was negligent. Also, we will need to examine your declaration to determine the parametric boundaries of the unit.

QUESTION: What is a 'declaration' document in the last sentence? Where is this normally found online? Example would be appreciated.

  • It looks like your middle two paragraphs are quotes of the conversation? If so could you mark them appropriately? For example, if they are two different speakers they should be separate quote blocks. – feetwet Feb 4 '17 at 13:56
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According to this, the declaration is the information that is specific to the insurance policy (i.e. name, location, policy limits, etc.) Therefore I would imagine that the sentence is referring to what is written in the policy, whether or not the interior is the responsibility of the owner.

  • In this context feetwet is almost certainly correct and your conclusion, while plausible, is probably wrong. Many HOAs give the ability to recover for structural damage to the association rather than the homeowner and that would be set forth in the "Declarations" recorded in public property records when it was formed. The key tipoff is that an insurance policy would not normally discuss the "parametric boundaries of your unit." – ohwilleke Mar 6 '17 at 19:35
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Evidently the subject property is part of Property or Homeowner Association. The "Declaration" is part of the governing documents of such an association. Further reading here.

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