wind storm policy issue -- Is there a solution here??

Question

BP,

I've got an issue on a property I want to buy -- The windstorm policy on the house cannot be found (or was just not built properly, not sure which.) Either way it's nowhere to be found. For argument sake, let's assume the house was not built with the proper building/windstorm strapping requirements...

Question:

1. Can a house be strapped for hurricane protection after its already been built without removing the roof?

2. (Let's assume the house IS windstorm certified but the windstorm policy/certification just cannot be located: Would it just take an engineer to come out and inspect/give his stamp of approval saying that "Yes, it is built up to windstorm requirements?"

Thanks in advance BP

Jon Holdman · Answer

Houses have been built along the Texas coast for going on 200 years. While there may not be any properties that old, I'm sure there are properties that were built before the current building codes were put in place. Are you saying that its impossible to get insurance on any house that doesn't have some sort of certificate that its in compliance with current codes? And therefore can't get financing? That seem outrageous. That would mean anything except relatively new construction, or at least new roofs can't be insured. There is no grandfathering provision that older structures can be insured? If this was recently built, the city or county should have the permits and inspection results on file. You say "builder" which implies a real company. I could see where unpermitted, uninspected work could be a problem. If this was improper work than it could indeed be uninsurable. It might just have to have the roof ripped off and redone. You can read my tale of woe for what we had to do to get city approval in a situation where unpermitted work had been done.

Bienes Raices · Answer

Yeah, that was the issue I had--the roofers were not enthused about coming out to repull the permit. Did it pass the roof final in '98 when it was built? I'm not sure if you're main concern is with insurance, but here in Florida the ins. companies are concerned about the age of the roof and whether it has pitch, is flat, etc. not what permits were pulled, or code issues. My insurance agent uses Google Earth (I believe) to look at the roof from above, to see it's condition. I've never been asked about straps. I suppose it could be an issue for the person you end up selling the house to though?. If the house is still available, it might still be worth calling the Houston permits dept. and asking about it. In my limit experience doing this I've found that some things can be cleared up on the phone.

Jason K. · Answer

But I know one thing! It withstood Hurricane Ike! irony...

Jason K. · Answer

Yeah but that is not the case here, Jon. It was built in '98 and had to comply with the code then. Whether it was built improperly or records were lost, I have no idea. And apparently you can't even get an inspector or engineer out to an "existing" home to inspect it. I couldn't even get a quote as to how much it would cost, they had no idea. I tried 5 different companies and they all said the same thing. I'm staying away. I don't even own the property and I definitely can't have someone ripping the house apart during my option period.. Ha! I think it's headed for auction, and I'm not the only person who's tried to buy this home with financing. Someone will pay cash and address the problem then, or be forced to find another cash buyer down the road... I'm going to try one last time with the city to see if they can dig up any old files or else I'm out.

Jason K. · Answer

I contacted the state dept of insurance, and after a few more phone calls found out it's nearly impossible to inspect an existing home.

Jason K. · Answer

Yes, it is an insurance policy that covers wind damage. The property must have the proper strapping or "ties" or it won't be insured or funded. It was either constructed without the proper strapping or "ties," or the paperwork proving it was built to code can't be found. I need to get someone out there to inspect and either acknowledge that Yes, it is strapped properly and stamp their approval, or tell me what it will cost to install the proper strapping, if it is even possible. I can't contact the builder because they went out of business, so I'm going to try to get the city to direct me. Hope this clears up any confusion. Any ideas?

Jon Holdman · Answer

I'm confused. A windstorm policy would be, I guess, an insurance policy that covers wind damage. You talk like you concerned about the construction. That would be a permit and some sort of inspection. If you're concerned about the construction, call the city and find out what was supposed to have been done and what was done, as far as their records are concerned. If something isn't up to code, contact an inspector or an engineer to have the situation evaluated and a contractor to see about having it fixed if there is a problem. If you want insurance, contact an insurance agent. I have not owned property in Houston property, but have owned property in that area. Not recently. But I've never heard the term "windstorm policy" as if its some document regarding the construction. Depending on the construction, hurricane ties might be able to be installed after the fact, if that's your concern.

Kyle Meyers · Answer

Not exactly sure, but I think you need something called hurricane clips which I believe can be installed without taking the roof apart.

Jason K. · Answer

Thanks for your input, I'll definitely have to check with the local permits dept. Anyone else have any wisdom or solutions to what I can do? Also, the builder who built the home went bankrupt in 08 so there is no way of contacting the builder in this scenario.....

Bienes Raices · Answer

Do you mean the roof final? Maybe call the local permits dept and ask what they typically do in this situation. I had a similar situation in that the reroof permit from several years ago was expired. I was told I would have to get a licensed contractor to repull the permit so that they could inspect to make sure it was okay, and then it would be approved, as long as the old work was done up to code. I was told that in my county, if the work was done in 2000, for example, they will use the roof standards from that year for the reinspection, rather than the more stringent standards that are in place now. The issue was that the contractors all wanted at least $300 to do a thorough inspection first (for their own protection) because they would be on the hook for completing the work once the permit was pulled.