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CONDOMINIUM ASSOCIATIONSBecause of their unique legal structure, Condominium Associations require special insurance forms to cover both Property and Liability risks of loss. The key to arranging both types of insurance properly is to carefully study the association by-laws and other organizational documents. For example, improvements, appliances and fixtures are covered as part of the association’s Building insurance, but only if the association agreement requires this. The association’s directors and officers are exposed to being sued by others for their activities managing the association’s business – D&O coverage can (and should) be in place to protect the personal finances of these individuals. If the association is also an employer (maintenance, grounds care, etc.), then Employment Practices Liability should be arranged, on either a standalone basis or included in the D&O policy. There should be clear communication between the association and its unit-owners regarding the respective responsibilities for arranging insurance – we can help you draft an explanatory memo for your unit-owners (and can also provide unit-owners’ insurance, on request).
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Condominium Associations pose a unique Insurance risk. For a Master Policy item list that every HOA |
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| Bare walls – coverage for the common elements, usually excludes property within the unit such as interior walls, permanently installed appliances, fixtures, finishings, floors and ceilings | |
| Single entity – coverage for the common elements, usually includes initially installed property in accordance with the association's original plans and specifications | |
| All in – coverage for the common elements, plus initially installed property, plus improvements and betterments made at the expense of the unit owner |
An Association should survey and identify owned property which is to be covered by the association master insurance package:
Buildings – residences, clubhouses, garages, carports; Building definition could include foundations, pipes, wires, conduits, utilities, heating, cooling, security systems, machinery and equipment, balconies, porches, decks, and patios |
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| Structures – arbors, awnings, cabanas, sport courts, fences, fountains, gatehouses, gazebos, recreation fixtures. | |
| Other property – could include antennas, indoor/outdoor furnishings, signs, landscaping, fine art. | |
| Non-covered property – could include bridges, roadways, walks, underground infrastructure. |
Common causes for the loss of covered property are categorized accordingly:
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| Broad form – this includes loss as a result of fire, lightning, wind, smoke, hail, vandalism, sprinkler leakage, accidental discharge of water, collapse of building | ||
| Basic form – most limited coverage of the three types of coverage |
In the event of a loss of covered property, the payment of the policyholder will be valued based on:
| Guaranteed Replacement Cost – replacement cost with no limit and does not state a specific property limit | |
| Replacement Cost – payment for the loss is based on the actual replacement and may be limited to stated value | |
| Actual Cash Value – loss payments are based on the cost of new product, less depreciation and usage |
A deductible will apply to the property insured in the association's policy. The deductible could be on an occurrence basis, or could apply separately
to each building or unit. There may be different deductibles for the different covered property. One aspect of the deductible to consider is how the
deductible will be handled with the unit owner. Unless the association documents specify who is responsible, the association or the unit owner, then
the association should adopt a policy which describes the circumstances under which a unit owner would be responsible for paying the deductible.
It is important that the association Board and its management company understand the scope of the association coverages. Homeowners should be
advised on what is covered. Even where the association covers improvements, alterations, fixtures and appliances within units, it is advisable for the homeowner to continue to carry coverage on their own separate policy.
Reprinted with permission © Association Times
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