Insurance for Community Associations Articles
Property & Casualty Articles
- Supplementary Guidance on Corporate Transparency Act for Illinois Community Associations May 2, 2024
On April 18, 2024, the Financial Crimes Enforcement Network of the U.S. Treasury Department (“FinCEN”) issued supplementary guidance on the Corporate Transparency Act (“CTA”) as part of their FAQs. The updated FAQs include guidance specifically for community associations which affirms and is in line with our recent article summarizing what community associations need to know about the CTA (available here). Guidance from the FAQs for community associations Read the article…………………………….
- Fire engulfs condo unit in Shell Point Wednesday (FL) May 2, 2024
A Shell Point condo unit caught fire late Wednesday morning, according to the Wakulla County Fire Rescue. Once firefighters arrived, they encountered heavy fire, according to the fire rescue. Read the article…………………………….
- Instead of Hating Your HOA, Make Your City Take Responsibility May 2, 2024
Homeowners associations (HOAs) are notorious punching bags, shamed for bullying widows to mow the lawn or telling residents what color they can paint their front door. But long before you came to loggerheads with your HOA, a cascading sequence of poor planning decisions put you both in this predicament. And that much-maligned HOA is just the visible part of the iceberg of a systemic problem. Read the article…………………………….
- Association Contracts (FL) May 2, 2024
Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does not have the in house employees required for specialized, but essential tasks, such as the maintenance and repair of your community’s plumbing, elevators, or fire ...
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
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- Thu, 18 Apr 2024 10:00:00 +0000: Beware of Claims Deadlines! Florida Condominiums Have Supplemental and Reopened Claims Statute Deadlines - Condominium Insurance Law
Florida is the only state to address and provide a statutory definition for a “re-opened claim” or a “supplemental claim.” Florida’s law is not a consumer protection law. Instead, it is an insurance company protection law. The current edition of Florida’s Supplemental and Reopened claims law reads as follows: “627.70132 Notice of property insurance claim.— (1) As used in... Continue Reading
- Tue, 13 Feb 2024 11:00:00 +0000: Colorado’s FAIR Plan Expands Safety Net for At-Risk Properties - Condominium Insurance Law
As Merlin attorney Jonathan Bukowski previously discussed, the Colorado Common Interest Ownership Act (CCIOA) sets forth specific minimum insurance requirements for common interest communities, such as condominiums and homeowners associations (HOAs). These requirements are designed to ensure that common elements and, in some cases, individual units are adequately insured. In addition to the CCIOA, in May... Continue Reading
- Fri, 09 Feb 2024 11:00:00 +0000: Understanding the Interplay Between an Individual Unit Owners’ Policy and Their HOA Policy is Crucial for Submitting Condominium and Townhome Claims in California - Condominium Insurance Law
Of the 39 million potential insureds making up California’s population, over 14 million – or over 35% – live in homeowners association communities. Therefore, understanding whether their property damage claims fall under their individual or association insurance policies is essential to properly recovering insurance benefits. Equally essential is understanding which policy takes priority when property... Continue Reading
- Thu, 25 Jan 2024 17:48:26 +0000: Is Deductible Buy-Down Insurance A Wise Choice For Condominiums? A Basic Guide For Association Boards and Property Managers - Condominium Insurance Law
Deductible buy-down insurance, also referred to as buyback deductible insurance, is designed to reduce the deductible that an insured party would have to pay in the event of a claim. It operates on a simple principle: by purchasing a deductible buy-down policy or endorsement, the insured party can reduce or even eliminate the deductible that... Continue Reading
- Mon, 11 Dec 2023 11:00:00 +0000: Florida Condo Associations: Dodging Floods and Drowning in Premiums? - Condominium Insurance Law
Well, folks, another hurricane season in Florida has come and gone, leaving us with nothing but a collective sigh of relief and the looming specter of potential disaster. In the spirit of commemorating the official end of hurricane season, I urge you to take a moment to reflect on your condo association’s insurance choices. Because... Continue Reading
Condominium Insurance Law Archives
General Liability Insurance Articles
- 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…………………………….
- Anatomy of a fall: Florida condo case to decide who to blame for dangerous balcony April 8, 2024
On the second day of vacation with his wife and kids, David Casey was sipping a glass of pinot noir on the balcony of a rented condo in the Florida Panhandle, taking in the night view of the beach. As Casey leaned against the wooden railing on the third-floor unit in Seacrest, it suddenly gave way – “the next thing I knew, I was falling to the ground,” he said – and he plummeted backward into sand dunes and foliage ...
General Liability Insurance Articles Archives
Insurance – General Articles
- 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…………………………….
- How climate change risk is reshaping the homeowners insurance market April 22, 2024
The effects of climate change are becoming more pronounced, both globally and domestically. In the U.S., the consequences of changing weather patterns and climate-related disasters are impacting various aspects of the economy, with homeowners in particular feeling the cost in a very direct way. Read the article…………………………….
Insurance – General Articles Archives
Owners Insurance Articles
- 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…………………………….
- Florida’s Home Insurance Industry May Be Worse Than Anyone Realizes April 24, 2024
Seven property insurers in Florida went bankrupt in 2021 and 2022. The bankruptcies left thousands of homeowners scrambling to get new coverage, which often came with a big increase in cost. Worse, many had outstanding claims for hurricane damage that had not been addressed. Read the article…………………………….
- 2 Articles on Florida’s Insurance Problems April 23, 2024
Move, cut back or go bare: Florida seniors juggle skyrocketing costs, impossible choices Florida homeowners insurance is skyrocketing: Here’s what to know
Owners Insurance Article Archives