I live in a condo in Ohio. I had water damage that the condo association's insurer accepted as their responsibility. It paid for all construction repairs. For the carpet, the insurance company wrote a replacement value check to the association — the "insured."

The Association Covenants and Bylaws state the insurance is at replacement value. But the association only wants to give me actual cash value, which is considerably less since I don't want to use high-quality berber carpet. The association claims that for me to take the full replacement value is "wrong" and "immoral." They say they'll pay my contractor then return the rest to the insurance company.

Am I within my legal rights to demand the full replacement value amount, which has been paid by the insurance company?

Betty, Ohio

Dear Betty,

I talked with Dan Kelso, a spokesperson for the Ohio Insurance Institute, about your problem. He explained that what matters here is what your ownership agreement with the condo association stipulates. If it says that you are entitled to replacement value, then that's what you should get.

Is getting the replacement value "wrong" and "immoral"? Hardly. The most important factor, and what the condo association seems to have lost sight of, is that you have lost the use of your old carpet. With full replacement value, you are entitled to the full value of that carpet. What you do with the money from that point is your business. If you want to put in the cheapest carpet you can find and then use the rest of the money for a Hawiian vacation, all the assocation can say is, "Have a good time."

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