Can Siding Claims be Filed on Condominiums, Townhomes, Apartments or Commercial Buildings?

The answer is Yes!

If you are the owner of a condominium or townhome and the Homeowners Association (HOA) is responsible for the exterior maintenance, claims must be filed through your HOA or Property Management Company for all the condos or townhomes in your community that have qualifying siding products. 

However, if your condo or townhome is considered “fee simple” and you have sole responsibility for your unit’s exterior maintenance, you may file a claim on an individual basis as would the owner of a single family home.  

If you are an owner or management company of an apartment community or other commercial building, you may also file a claim.

In most cases, the time requirements for HOAs, Property Owners and Management Companies are limited to providing HOA Covenants/By-laws, Management Agreements, Articles of Incorporation, proof of signature authority and signatures on claim forms.  If you decide to file with a claims filing service, they should make every effort to obtain the ownership docs or public records without monopolizing the time of your organization or company. 

These are settled cases and require specialized knowledge of the court inspection protocol and the details of the claims process for commercial and multi-family properties. Many claims require multiple, subsequent filings to ensure the maximum recovery on each building.

Today’s forecast… damaged siding.

On February 2, 2010 (Groundhog Day) the most famous groundhog, Punxsutawney Phil, saw his shadow and predicted six more weeks of winter. Well, it’s been five weeks since his prediction and it sure doesn’t take a meteorologist to determine that his predictions were pretty accurate. I think most of us can agree that the winter months of 2009 and 2010 (so far) have been nothing short of an anomaly.

In mid February, many claimed it was the first time in US history that there was snow on the ground in all 50 states at the same time. Hawaii had snow in the state’s highest volcanoes and even Florida received enough snow in the Panhandle to warrant closing the University of West Florida. Some celebrated the oddity while most cringed at the idea of more snow. But whether or not you were on the welcoming committee, the snow may have had a lasting effect on your home’s exterior siding….especially if you have wood or composite wood siding.

We’ve discussed in the past why composite wood siding doesn’t handle water very well (Composite wood siding: a deeper look into why it will eventually fail) so there’s no question that this unusual winter has probably caused some damage. If you’re in the Midwest or the Eastern part of the US, there’s a good chance you haven’t seen the bottom half of your house in months – you’ll have to wait until all the snow melts away before you can see the extent of the damage. But if you live a little farther south and the snow has melted away, you may want to take a walk around your property and inspect your siding for moisture damage.

Be on the lookout for cracked boards, swelling at the board joints and/or nail heads and examine the paint to see if it is peeling or flaking. Try comparing the weather-exposed areas to the pieces of siding that lie under an overhang. If you notice a difference, you’ll want to take care of this to prevent the moisture from entering the interior of your home. 

In this economically challenged time, you may be worried about how you’ll be able to afford to do such repairs. Well, if you are eligible to file a siding claim, now is the time to do it. Just think, by the time Mother Nature finally graces us with warm summer days, you could have the money in your hands to make the repairs caused by one of her most bizarre winter seasons in decades!

Filing a Siding Claim and Selling Your Home

If your home is currently for sale or you are considering selling your home, there are a few things you may want to be aware of if you are contemplating filing a siding claim.

If a closing date has already been scheduled and you have not yet filed a claim, it is best to wait and allow the new homeowner the opportunity to file the claim. The claim should be reviewed and approved for inspection by the Claims Administrator prior to the closing date.  If you have a closing date already scheduled, it would be nearly impossible to have the claim approved or inspected in such a short period of time.

If your home is listed but you do not have a potential buyer or closing date scheduled, you may proceed with filing a claim; however, there are a few things you need to know…

Sellers are required by law to disclose pending property claims to home buyers. If you accept an offer on your home and the closing date occurs before the claim settles, you will need to decide who is to receive the settlement funds. Depending on which class-action or warranty program your claim was filed, the settlement funds may be issued to you (the seller) or may be assigned to the buyer.  In either case, an Assignment of Claim (AOC) form is required.  The AOC form must be executed (signed and notarized) by the buyers and sellers and submitted to the Claims Administrator to ensure the settlement check is issued to the agreed upon buyer(s) or seller(s).

As long as the siding was not fully compensated for in the initial claim and the home has not been resided, the new homeowner(s) may file subsequent year claims for future damage.

If you are in the process of selling your home or thinking of putting it on the market within the next six months and still have questions, please contact our office.  Once your siding product is identified, we can advise you who the funds may be distributed to if the home is sold during the claims process.

What if I have water intrusion due to damaged siding?

If you are filing a siding claim for damaged ABTco or LP siding and it is causing water intrusion to the interior of your home, your claim can be expedited.  Water intrusion is one of the only instances where a siding claim can be expedited but it’s important to know that it only speeds up a portion of the process. Even with the required documentation it will only expedite how quickly the homeowner’s claim is sent to the inspection company.

ClaimSource One can assist the homeowner in filing their siding claim and identifying the type of siding on their house but it is the homeowner’s responsibility to obtain the required documents that are required to expedite their claim as these documents need to be submitted with the claim form.

So, in order to get this process moving more quickly, the homeowner will need to submit a contractor’s estimate or contract for repair work. This estimate or contract will need to be on the contractor’s letterhead, list an estimate for repairs/replacement and state the damaged siding is causing the water intrusion. 

While waiting on the claim to be inspected by the court appointed inspector we recommend, if possible, that the homeowner hold off  on making  repairs to the damaged siding as it could lower their damage award.  If repairs are absolutely necessary to prevent further interior damage, repair only the boards causing the water intrusion problem.

The Role of a ClaimSource One Agent

Have you received a postcard from ClaimSource One regarding your exterior siding? Maybe you’ve received several postcards but haven’t called because you’re unsure of the process. Well, I’m here to tell you what happens when you call that number on your postcard and who is on the other end of that call.

Each postcard has a local Agent (aka Claims Manager) listed for the homeowner to contact. Our Agents are insured, experienced field technicians and many have backgrounds in insurance, construction and class-action administration. Many of our Agents have lived and worked in your communities for years and have devoted their time to making homeowners aware of the money that’s owed to them. Some are retired from other fields and some are young, hardworking parents. Regardless of their background, they are all trained by our professional staff and have more in-depth experience than any other siding claims service available today.

When you call the Agent listed on your postcard, they will setup a time to meet with you and the process will begin with an on-site inspection of your property. During the initial on-site visit, he or she will identify the siding manufacturer or other building materials, assess the damage, collect required ownership documents and prepare the claims paperwork. The initial on-site visit can take from 30 minutes to 45 minutes. At times, it may be necessary to visit the property during the settlement process.  Keep in mind though the settlement amount is determined by the inspection results of the court-appointed inspector – not our Agent.

When the paperwork is completed, the Agent will submit the claim to our Corporate Office. We’ll then review your paperwork for accuracy and, if needed, request additional documentation. We forward all documents to the class-action or warranty program Claims Administrator and track your claim throughout the process.

Once your claim is settled, you may see our field Agent again in a few months to file a subsequent year claim. Our Agents are knowledgeable extensions of our Corporate Office and are on location in your area to assist you. If you would like more information on filing a siding claim, please contact the number listed on your postcard. If you haven’t received a postcard but believe you have damaged siding, please contact our Corporate Office (888) 474-0775 or email for more information at info@claimsourceone.com.

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