Insurance

Insurance for Community Associations Articles

Property & Casualty Articles

  • Real estate Q&A: What can we do about new apartment’s surprise special assessment? (FL) May 9, 2024
    Q: We are in the process of purchasing an apartment. Our closing attorney received the report from the condominium association showing the monthly dues were current, and we were surprised to learn that a special assessment was pending because the sellers told us that none were. The contract also says that no special assessments are pending. We did not anticipate this additional financial burden when offering to buy the apartment. What can we do?    Read the Q&A………………………………..
  • Civil Code §4926. Meetings Entirely by Teleconference (CA) May 9, 2024
    (a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:   Read the article…………………………….
  • Settlement Agreements Binding Without Signature (FL) May 8, 2024
    The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel had clear and unequivocal authority from the client to settle the case and correspondence between the parties’ attorneys showed that no essential terms of the ...
  • Condo Column: The monkey lost (NH) May 8, 2024
    All too often attorneys only tell others about the cases they win. This column is about one I recently lost……The developer constructed two of three commercial buildings and then disappeared for fourteen years before coming back to try and construct the third building. There were two problems with what he wanted to do, I pointed out to the trial court.   Read the article…………………………….

Property & Casualty Article Archives

Directors & Officers Insurance Articles

  • A Guide To HOA Board Responsibilities May 2, 2024
    Serving on the board of a homeowner association is a high calling. Well meaning volunteers are elected to roles that are critical to the well being of the HOA. But what exactly is a board member supposed to do to fulfill this charge?  Read the article…………………………….
  • Director Elections—What Could Possibly Go Wrong? April 1, 2024
    Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with objection, suspicion, and unfortunately, hostility.    Read the article…………………………….
  • Board Member Code of Conduct (FL) March 30, 2024
    The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office.  Read the article…………………………….
  • Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy March 28, 2024
    A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that breach of contract claims are not always uninsurable as a matter of law.   Read the article…………………………….

Directors & Officers Insurance  Article Archives



Condominium Insurance Law

RSS Feed from Merlin Law Group P.C.

Condominium Insurance Law Archives

General Liability Insurance Articles

  • Boca Raton HOA Sued Over Electric Scooter Accident (FL) May 7, 2024
    A Boca Raton Homeowners Association is being sued by a man who claims the HOA’s poorly maintained parking lot led him to crash his electric scooter.  Robert Clarfield claims that the Villas of Boca Barwood is responsible for his accident.    Read the article…………………………….
  • Understanding Community Association Security Measures and Liabilities April 16, 2024
    A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property.   Read the article…………………………….
  • Resident calls on the community for help, City and HOA said their hands are tied (OK) April 16, 2024
    An Owasso resident calls on the community to help fix a broken park bridge after the city and neighborhood HOA said their hands are tied.  The bridge in the Three Lakes neighborhood is completely falling apart.  With the unkept conditions, it’s a huge liability, and danger to the kids who play or those who want to enjoy a walk or a bike ride.   Read the article…………………………….
  • Family of deceased man files lawsuit against Pompano Beach condo for failing to protect its residents (FL) April 11, 2024
    The family of a deceased man is suing a Pompano Beach condominium, which they said, is responsible for the death of their family member.  The family said 87-year-old Vincenzo Cammalleri died, and his friend is still badly ill, after getting infected with Legionnaires disease, a pneumonia that spreads when a bacteria is inhaled or when contaminated water is swallowed.  The family said Cammalleri and his friend got sick while using the condominium’s hot tub.   Read the article…………………………….

General Liability Insurance Articles Archives

Insurance – General Articles

  • Californians are Protecting Themselves from Wildfire. Why is there still an Insurance Crisis? May 5, 2024
    Fire officials, lawmakers, insurance agents and others are asking homeowners to help lower the risk of devastating wildfires by making improvements to their properties — in some cases at great expense — and often in the context of trying to hang on to their insurance policies. The state has spent about $3.7 billion on forest management in the past seven years. Communities, fire districts and others are doing their part, too.   Read the article…………………………….
  • Insurance fees skyrocket at Williams Lake’s Terra Ridge (BC) April 27, 2024
    Insurance for the Terra Ridge strata in Williams Lake has increased by almost four times since the city issued a state of local emergency for the neighbourhood due to a slow-moving slide “The average unit here is having to pay $5,000 a year up from about $1,300,” said Brad Follack, chair of the strata council. “We had to renew here about three weeks ago for a year.”   Read the article…………………………….
  • 4,800 Claims Handled by Unlicensed Adjusters in Florida After Irma, Lawsuit Says April 26, 2024
    In one of the suits, brought by a Miami condominium association, the plaintiffs produced records they said showed that after Hurricane Irma, almost 4,800 claims for Heritage Property & Casualty Insurance Co. were handled by unlicensed adjusters. Of almost 35,000 Heritage claims after Irma and Hurricane Michael, in 2017 and 2018, some 14% were handled by unlicensed adjusters, potentially in violation of state laws and regulations, according to the lawsuit filings.  Read the article…………………………….
  • ‘Everyone is selling’: Florida condo owners feel crush of rising insurance costs April 25, 2024
    The rising cost of home insurance for one Palm Beach County condo is a story that seems to playing out at condos all across Florida.  “It’s shocking to watch in a few years to go from under $100,000 to pushing a half a million,” Christina Auer said. “It’s out of line.”  Insurance experts tell WPTV that the days of cheaper policies are not coming back.   Read the article…………………………….

Insurance – General Articles Archives

Owners Insurance Articles

  • Florida tightens condo insurance claim deadlines to ease disputes May 4, 2024
    New legislation signed into law this week sets clearer, stricter deadlines for filing loss assessment coverage claims by condominium owners, aimed at reducing legal disputes and streamlining the insurance claim process.   Read the article…………………………….
  • What you can expect to pay for NYC condo or co-op insurance May 3, 2024
    New York City has never been particularly cheap, and annual insurance costs make living in the city even more expensive for condo and co-op owners.  Condo and co-op insurance—which protects your individual apartment—normally runs several hundred dollars a year. But premiums have gotten more expensive since 2020 thanks to inflation, higher construction costs, and a slowdown in the supply chain, said Loretta Worters, vice president of media relations at the Insurance Information Institute.    Read the article…………………………….
  • What You Need To Know About HO6 Insurance May 1, 2024
    Life in a townhome offers a vibrant blend of community and convenience but just like any home, unexpected events can disrupt your peace of mind.  That’s where HO6 insurance steps in as your reliable ally! Think of it as a security blanket protecting your personal belongings from unexpected downpours, both literal and metaphorical.  Many people wonder… what exactly is an HO6 policy, what it covers, and how it helps me navigate a storm that throws townhouse life into disarray. We’re ...
  • Some Hawaii residents pursue member-owned insurance cooperative April 29, 2024
    After most of the recently proposed legislative solutions have failed, Puna residents are hoping they can solve their district’s impending housing insurance crisis.  When the last major home insurer announced last year that it would be leaving the Hawaii market by August of this year, homeowners in Lava Zones 1 and 2 discovered that their only other option for coverage, through the state-operated Hawaii Property Insurance Association, would cost several times their current rates.    Read the article…………………………….

Owners Insurance Article Archives