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Grill Fires, HOA Rules, and Tenant Negligence

Grills set too close to siding, grills on apartment or condo balconies, hot coals dumped in a trash can, and candles or smoking on a deck start a lot of fires. If your insured did it at their own home, it is usually an accident with no recovery. If a tenant, a neighbor, a guest, or another unit owner did it, and especially if they broke a lease, HOA rule, or fire code, there is a recovery.

What it coversGrills near siding, balcony bans, fire code, leases, HOA rules

Step-by-step checklist

Identify

Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
Make sure no evidence is touched or moved until the expert has secured the scene
Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
Find out who was grilling or using the flame, and where
Ask if they own, rent, or were a guest
Get the lease, HOA rules, or condo declaration

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

Notify the tenant, neighbor, or unit owner, and the association
Ask for their renter's, homeowner's, or condo unit owner's insurance

Investigate

Get the fire department report and the origin and cause report
Photograph the grill, its distance from the building, and the fuel source
Get past violation notices from the landlord or HOA

Demand, negotiate, and settle

Send the demand packet
Follow up, then send the second demand if needed
Review the release, pay the deductible, and close

1. Identify

How these fires start

A grill placed right against vinyl siding, a deck rail, or under an overhang
A charcoal or gas grill on an apartment or condo balcony
Hot coals or ashes dumped in a plastic trash can, mulch, or a paper bag
A grill left burning with no one watching
Cigarettes put out in potted plants or mulch
Candles, fire pits, or heaters too close to things that burn

The fire code: most fire codes ban charcoal and open-flame grills on combustible balconies and within 10 feet of combustible construction at apartments and condos. One- and two-family homes are usually exempt. Check the local code, because a violation helps show fault.

Is there anyone to recover from?

What you find	Who may be responsible
Your insured grilled at their own home	Usually no recovery
A tenant grilled at your insured's rental	The tenant. Check the lease for fire, grill, and insurance terms.
A neighbor's grill or fire pit spread to your insured's home	The neighbor
Another condo or apartment unit's balcony grill	That unit owner or tenant
A guest grilled at your insured's party	The guest, though many carriers skip this for relationship reasons
The association allowed grills against its own rules	The association may share fault
The grill itself failed, like a leaking hose or regulator	The grill maker or seller

2. Notify and investigate

Evidence checklist

Photos of the grill, its position, and the burn pattern before cleanup
Measure the distance from the grill to the building
Fire department report and the origin and cause report
Lease, including fire, grill, and renter's insurance terms
HOA rules, condo declaration, and any grill ban
Past violation letters or warnings from the landlord or HOA
The grill, the tank, and the hose, held for a joint exam if it may have failed
Witness names and statements

3. Demand, negotiate, and settle

Liability theories: negligence, negligence per se for a fire code violation, breach of the lease, breach of HOA rules or the condo declaration, and product defect if the grill failed.

Defenses to expect

Defense	How to answer it
The tenant is a co-insured under the landlord's policy	Many states let the carrier recover from a tenant. A few states treat the tenant as a co-insured. Check your state and the lease.
Everyone grills on their balconies	A common violation is still a violation. Show the rule and past warnings.
The HOA never enforced the rule	Not enforcing it does not make it safe. It may add the HOA as a responsible party.
The grill was far enough away	Measure it and compare to the code and the grill maker's clearance instructions

4. Letters for this loss

Step	Letter
Identify	Subrogation Opening Letter to Insured
Notify	Notice of Subrogation Interest and Insurance Request, to Adverse Carrier
Investigate	Evidence Preservation and Joint Scene Exam Notice, Joint Scene Exam to Responsible Party
Demand	Subrogation Demand to Adverse Carrier
Negotiate	Second Demand with Escalation Notice
Settle	Release Review Checklist, Deductible Reimbursement

Related guides: Fires from a Neighboring Unit, Pet Losses: Bites and Stove Fires, and Short-Term Rental Losses.