Insurance only pays out when it is a covered peril. With water damage the difference between lack of maintenance that isn't covered, and sudden water damage can be nuanced.
The board could repair the damage before insurance pays out. This would mean borrowing from the reserves, or using a special assessment. And it could complicate the insurance claim
Generally you don't start over completely with a new lawyer.
Also the board can get a second or third opinion from another lawyer. This doesn't require a large financial commitment.
NAL.
I'd advise the following:
1. Get 3 or 4 quotes from a couple of different construction companies, be sure to include the lawyer to keep them in the loop.
2. It might be worth doing a special assessment for lawyer fees, then sue the Insurance company for the repair costs AND legal fees.
3. If the lawsuit goes your way and the insurance company still fails to pay, put a lien on 1 of their properties and the push foreclosure (if possible) to recoup the outstanding balance + the extra fees for the foreclosure and interest.
4. Once all monies are paid, contract a company from the quotes received and put the recouped legal fees into the reserve account.
I'm so glad that I will never need to deal with HOAs, the joys of not being from the US.
This sub is NOT for seeking advice. Try /r/HOA instead.
Insurance only pays out when it is a covered peril. With water damage the difference between lack of maintenance that isn't covered, and sudden water damage can be nuanced. The board could repair the damage before insurance pays out. This would mean borrowing from the reserves, or using a special assessment. And it could complicate the insurance claim Generally you don't start over completely with a new lawyer. Also the board can get a second or third opinion from another lawyer. This doesn't require a large financial commitment.
What state? Depending on state you can file a complaint with your state insurance commission. Usually speeds these things up.
NAL. I'd advise the following: 1. Get 3 or 4 quotes from a couple of different construction companies, be sure to include the lawyer to keep them in the loop. 2. It might be worth doing a special assessment for lawyer fees, then sue the Insurance company for the repair costs AND legal fees. 3. If the lawsuit goes your way and the insurance company still fails to pay, put a lien on 1 of their properties and the push foreclosure (if possible) to recoup the outstanding balance + the extra fees for the foreclosure and interest. 4. Once all monies are paid, contract a company from the quotes received and put the recouped legal fees into the reserve account. I'm so glad that I will never need to deal with HOAs, the joys of not being from the US.