A continuing issue in the relationship between community associations and their constituent property owners has been the allocation of responsibility for damages to the residences as a result of a casualty originating in the common elements or common property. It is commonplace for homeowner association documents to provide that the homeowner’s insurance policy must contain “waiver of subrogation” provisions for the benefit of the association. Waiver of subrogation provisions may also benefit residential owners for casualty originating in their units. Read the article……………………
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