Will the HOA Pay | High-rise Sustains Water Damage
The Home Owner Association (HOA) at the Royalton has a major event to contend with the current water damage.
At 7 pm Thursday night, the Houston Fire Department was summoned to 3333 Allen Parkway in Houston. An automated alarm had alerted the Fire Department.. Upon arrival, the Fire Department discovered the Royalton flooded with water from a water main break.
The 33-story luxury high-rise condo building in the River Oaks neighborhood suffered extensive water damage. Subsequently, the concrete had buckled from the water. Unfortunately, a wall sustained structural damage as well.
Reports indicate that additional water pipes on some of the resident floors also burst. The first floor houses the management office and other common area amenities.
As a result on Friday, August 12, 2022, residents were required to evacuate the building. Residents were only let back in to collect medications and other valuables. There is no indication of when the building may be cleared for occupancy again. The city pulled the occupancy permits for the time being.
What is next for the HOA?
Before residents can again occupy their homes in the Royalton, an assessment of the structural integrity of the damaged wall and building will have to take place. It requires structural engineers to assess the damage and remediate the damage to ensure the safety of the building. Once complete the Royalton management will have to reapply for a new occupancy permit. Currently, there is no time estimation on how long residents may be out of their homes.
Who is responsible?
The city already stated that the water main break was not a result of a problem with the city’s water system. So that leads to the question of who is responsible for the repairs.
Built-in 2003, The Royalton consists of condo units that are either owner-occupied or for lease by the owner. Units for sale listed on the Royalton website range from $314,000 to $1,399,995. An HOA (Home Owner’s Association) manages the building.
Typical condo and HOA agreements state that private owners are responsible for everything inside the walls of their unit. Likewise, the HOA is responsible for everything outside those walls. Therefore, water damage inside the unit/home would be the responsibility of the individual homeowner. Hence, damage to the building and common areas would be the responsibility of the HOA.
Who pays for repairs; HOA or Insur?
It is likely that the HOA has insurance to cover much of the cost of the damage and repairs. The deductible and any non-covered damage will paid for out of pocket by the HOA. The resident may or may not have insurance coverage for the repairs needed within their home.
When an HOA opts for a high deductible the residents are at risk of a special assessment . The only method of revenue generation an HOA has is through the collection of monthly HOA dues and special assessments for larger ticket items.
Policies that each homeowner carries on their individual unit may vary greatly. HOA covenants require minimum insurance coverage. It s up to the individual homeowner to have adequate coverage. Many residents may find themselves underinsured facing costly repair costs, facing a special assessment, and having to find alternative housing for a long period of time making this a costly event.
Lessons learned
Check your individual insurance policy to understand both covered and exclude events. Ask if you need to have a special rider for water damage from busted pipes. Is your deductible manageable? Ask to see your HOA’s insurance policy, make sure it is current, and ask what is the deductible. Understand the overage to understand your liability. Above all look at the HOA financial statement to determine if they have reserves to cover things such as the deductible without having to make a special assessment.
Where to get help?
If you have damage to your property you feel should be covered by your HOA dues, then you may want to consult an attorney. If you don’t understand the covenants of your HOA agreement you may want to review this with an attorney. You can find help by contacting the Texas Lawyer Referral Services (TxLRS.org)
Posted: 8-15-2022Astroworld Festival Ends in Injuries
The Astorwork Festivals was to be a fun event bringing together people after the shutdown from COVID. Unfortunately, it ended in disaster killing several and leaving others with both physical and emotional injuries.
Did You or a Love One Suffer Injuries or Trauma
Did you of a loved one suffer injuries and trauma due to the event at Astroworld Festival o November 5th? Many suffered a physical injury but thousands of others may suffer from the psychological damage or trauma. You may be entitled to financial compensation.
Get an attorney to evaluate your claim to determine if the event organizers of the Astroworld Festival may be liable. The events on November 5th and the performance by Travis Scott resulted in crowd surges that crushed audience members where 8 people died. Reports indicate that Houston Police Chief, Troy Finner, met with the event planner prior to the event. At that time Chief Finner expressed concerns about the safety of the event.
The Backgroud
The Astroworld Festival held on November 5, 2021, is still under investigation. Officials are still learning what caused the crowd surge. This was a general admission event which means there is no assigned seating. General admission events in the past have had similar problems. In fact, at a previous Travis Scott event, a man fell off a three-story balcony and was paralyzed. That same year Travis Scott was arrested and charged with inciting a riot when he encouraged attendees to rush the stage.
The fact that once again concert-goers were injured is upsetting. Event organizers are required to provide for a safe environment and concert-goers have the right to expect a safe environment to enjoy the concert. Organizers are also required to ensure adequate safety and healthcare personnel are available. When event planners put profit above the safety of fans they need to be held accountable. It is clear that safety at the Astroworld Festival was not the priority of organizers.
Don’t Wait Too Long to Take Action
Don’t let your injuries or trauma go without determining if you have a right to compensation by event planners. If you have medical expenses or lost wages from injuries, PTSD, or other pain and suffering, protect yourself and your legal rights and take action. If you lost a loved one due to these tragic events, take action now. Find a lawyer that specialized in personal injury and can help you seek compensation.
Find a qualified personal injury attorney to help you exert your rights. Contact us today.
Posted: 12-2-2021Adoption | Understanding the Lifelog Commitment
Adoption is very is excited. It is an important lifelong commitment to a child.
In the United States, there are 140,000 children adopted annually. This enables children to have the security of a loving and stable home. Whether it is a step-parent adopting a spouse’s child or adopting a new child there are a few things that every parent should know.
Adoption and the Nuclear Family
Clearly, It is important to note that the nuclear family has changed. Definitely, it is no longer a married mother and father raising their children. Today the nuclear family is often a blended family or a single-parent household. Moreover, it is no longer limited to married heterosexual couples. Many adoptions result from kinship placements. In addition, there are same-sex couples growing their family. Grandparents, aunts, or uncles take on the responsibility of a family member’s child.
Furthermore, the type of adoption can vary greatly. Historically, most adoptions were closed. At this time, parents are allowing birth parents to continue a relationship with the child through open adoptions. Step-parents are formalizing their role as a parent in blended families. More older children are finding families.
The Process
Types of adoptions include international, open, closed, or step-parent. Costs can vary. Prepared for any fees. Costs can vary from a few hundred dollars to thousands of dollars.
All adoptions are likely to require a home study to assure the preparedness of the family and home to receive the child. If it is a relative or step-parent adoption an ad litem attorney may be appointed. Unquestionably, the best interest of the child is key. Obviously, termination the biological parental rights are at stake.
Absolutely, the more you know the better prepared you will be to navigate the steps needed to get to the child’s Gotcha Day.
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