Monmouth County, NJ · Member since 2023 · 3 posts · 1 vote
The landscaping company broke the sliding glass door to one of my condo units because a rock was ejected from the mower. I believe per HOA agreement I am responsible for the windows and doors. However this incident was the fault of the landscaping company hired by the HOA company. Who should be resolving this issue?
I've held off on calling my insurance company and opening a claim as I think the landscaper/HOA should pay for it. What do you think?
What steps should I take to cover myself? I covered the door with plywood for the time being.
Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
11mo
Even if the window/doors are not a common element, I would reach out to the HOA and request a copy of the contract between the HOA and the landscaping company. If the HOA was prudent in hiring this vendor, the HOA should have collected an insurance certificate and CGL endorsement listing the HOA as additional insured and the service contract should contain an indemnification provision in the contract that should cover HOA members property. I would start there. It's also wise to at least notify your carrier but clarify you are not opening a claim at this time There's usually notice requirements, and you at least want to keep the door open. First communicate with the HOA and see what information they can offer.
Insurance Agent · Chicago · Member since 2025 · 46 posts · 38 votes
10mo
Agree with Stuart, see about filling with the landscaper's insurance. Depending on your deductible and the cost of a new door, this sounds like it will be a low dollar amount or even $0 claim. A claim is a claim regardless of the amount and would still reflect on your loss history leading to higher premiums or even difficulty finding insurance in the admitted market for the next 3-5 years.
The personal lines insurance market is beginning to stabilize after Covid, but home/dwelling side is lagging behind the autos. We are still in an environment where carriers are extremely sensitive to claims, especially those that don't arise from catastrophic weather events (at least in the Midwest market).
However, if the situation turns messy where maybe HOA didn't do their due diligence or the landscaper disappears or the cost to replace is significant. You could file on your policy and let your insurance company subrogate against the responsible party on your behalf.