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FOR IMMEDIATE RELEASE
October 1, 2020, Atlanta, Ga. – NowackHoward, LLC is very proud of our HOA lawyer, Jason LoMonaco, for being featured in the Daily Report on Law.com on September 29, 2020, for his work defending our client and resolving, finally, the intent of the Georgia Condominium Act with regard to whether an association is required to obtain insurance that covers water damage. Though commonly understood among industry and trade, terminology in the Condominium Act had never been clarified by the courts, leaving “fire and extended coverage” possibly open to interpretation as unit owners seek relief from associations for water damage.
Appeals Court Nixes Order Declaring Water Damage Covered Under State Condo Act
“This is one of those things that everybody sort of knew, but nobody’s ever litigated it,” said LoMonaco, noting that the ruling impacts at least a half-dozen other statutes besides the Georgia Condominium Act, which contain the same terminology.
With LoMonaco’s win at the Court of Appeals, the real estate, mortgage, and insurance industries in Georgia now have clarity that a requirement to obtain “fire and extended coverage” insurance does not include coverage for water damage. The impact of this first impression case may well affect other real estate, mortgage and insurance-related statutes and contracts in Georgia, and possibly around the country as well.
Despite being a clear term of art in the insurance industry from before WWII through the 1980’s (it has fallen out of use since, but the phrase still remains in statutes and contracts), and despite all of the major trade dictionaries defining it, no Georgia Court had previously defined what “fire and extended coverage” actually requires.
Though it was commonly understood among the condominium industry, this appellate decision clearly states that the Georgia Condominium Act does not require a condominium association to obtain insurance coverage for water damage, creating clear precedent that will be cited for many years to come.
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About Jason LoMonaco
Jason LoMonaco is a partner in the firm. Jason has represented cooperative, condominium and homeowners associations in all kinds of litigation, first in New York for 7 years and, for the past 15 years, throughout Georgia. Jason has extensive civil litigation experience in matters related to real estate, non-profit corporations and community associations ranging from the enforcement, interpretation and application of covenants and easements to property damage and title claims, to corporate fiduciary and governance disputes. As an attorney at NowackHoward, Jason defends community associations and managers throughout Georgia as panel counsel for several major director and officer and general liability insurance companies.
About NowackHoward LLC
NowackHoward LLC is Atlanta’s most experienced and effective law firm concentrating in advising and representing homeowner and condominium associations. Lawyers at NowackHoward are among the most experienced attorneys in the United States focusing on this specific area of the law. NowackHoward lawyers have helped write almost every law in Georgia that pertains to condominium and homeowner associations and worked to get them passed, helping create more harmonious communities. With both founding partners receiving the AV Preeminent rating from Martindale-Hubbell, the legal profession’s most prestigious rating service, NowackHoward has become home to Georgia’s top-rated community association lawyers.
