Most discussions surrounding “hurricane preparedness” are focused on physical protection during the storm. Think plywood, sandbags, and radio connections to access the latest warnings. While all important, as an attorney, the issues that create the biggest headaches after a storm are often less about the wind and rain and more about timing, documentation, contracts, and insurance.
It’s not uncommon to hear preconceived notions of hurricane preparation, gathered from social media and word of mouth, that are false. To mitigate the influx of misinformation, here are a few debunked myths we see in hurricane-related property claims and construction defect matters to help HOAs, condo associations, and community associations protect their property and their position.
Myth 1: “If the damage looks small, it can wait to be reported.”
Small-looking damage can translate into larger destruction over time and hurt your insurance claim. A small area of lifted shingles, a compromised vent, or a hairline impact point can give way to water intrusion that goes unnoticed. Moisture can travel and create interior damage days or weeks after the storm has passed. Most policies even require a 30-day waiting period, which allows damage to brew further.
Waiting to report can create avoidable arguments. When an association delays, carriers may claim late notice, question whether later damage is storm-related, or argue that the condition worsened due to delayed mitigation.
Myth 2: “We can rely on memory and first-hand accounts.”
As you gear up for reporting, remember regulations are changing and human memory is inconsistent. A digital record filled with images and documentation of your property before and after destruction is one of the greatest levels of protection.
But photos get lost, and emails disappear into threads. That’s why it’s imperative to remain organized. Create a storm “claim file” checklist that captures:
- Pre- and post-storm condition photos where possible (especially roof/envelope)
- Board/management timelines
- Vendor proposals, invoices, and work authorizations
- Maintenance and prior repair records
As an extra layer of protection, keep any physical copies in a fire/waterproof portable container and digital copies in a password-protected cloud storage. Associations that document early and carefully tend to resolve claims faster and with fewer disputes.
Myth 3: “We can start permanent repairs now, and insurance will cover everything later.”
Coverage is rarely “everything,” and permanent repairs without a plan can complicate recovery.
Insurance coverage varies from homeowners to condominiums, and policies often include high hurricane deductibles, coverage exclusions, and sub-limits. Certain categories, like landscaping and water intrusion issues, may be limited or excluded depending on the policy language and endorsements. On top of that, disputes can arise over who’s responsible: associations vs. the owner.
We understand the pressure to “just fix it,” but jumping into permanent repairs without proper documentation, scope validation, and an organized claim strategy simply tampers with evidence. This leaves a greater opportunity for carriers to dispute causation, leaving the association to prove what was damaged, why it was repaired, and whether the cost was reasonable.
Emergency repairs, however, are expected and encouraged. Just ensure the association has preserved evidence (photos, reports, damaged materials when feasible), documented the scope, and coordinated inspections, so the claim doesn’t become a dispute about what existed.
Myth 4: “Emergency contracts are standard and harmless.”
After a major storm, vendors are in high demand. Associations are under pressure. That’s exactly when problematic contracts spread.
Emergency service agreements may include terms like:
- Price escalators tied to material/labor volatility.
- Large deposits and strict cancellation penalties
- Indemnity terms that shift risk to the association
- Vague scope descriptions that make pricing and performance hard to enforce
These terms can lead to vendor disputes, reduce the association’s control over the claim process, and create friction with the carrier. While thoroughness is preferred, even a quick legal review of emergency agreements can prevent expensive mistakes.
Myth 5: “If the storm caused it, construction quality is irrelevant.”
Hurricanes don’t always “create” the problem from scratch. Storm damage can expose weaknesses regarding how the property was built or maintained, including improper roof installation, inadequate flashing, and poor window/door detailing.
Associations may be dealing with both an insurance claim and a construction defect issue, so this overlap matters. Insurance carriers may argue that part of the storm damage stems from wear, tear, maintenance issues, or defective construction.
If there are signs of repeated intrusion, prior repairs that never solved the problem, or widespread envelope failures, associations should evaluate whether defective construction is contributing, and preserve the information needed to pursue the appropriate remedy.
Protecting the Property and the Claim
Hurricane preparedness requires associations to start protection early, under pressure, and with incomplete information. Hurricane claims can be unforgiving to those who wait. That’s why individual awareness matters. Every board member and manager should understand the basics of what to do, what not to sign, and when to pause and seek guidance. Involving experienced legal counsel early can help the association protect its rights to avoid costly holdups and damage months later.
If your community is preparing for hurricane season or navigating a claim after a storm, contact our team today.