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Archive for the ‘Insurance’ Category

Mixing Business with Association Duties – Should You Hire a Board Member?

May 12th, 2010

Donald is a board member who owns a snow removal and landscaping business. Jan is a board member as well as the owner of an insurance agency. Every year for the past ten years the board has voted unanimously to hire Donald’s company for their landscaping and snow removal. They buy their apartment association insurance policy from Jan. And both instances could be violating the terms of the association bylaws or worse, state laws.

That’s because associations are often required if not expected to keep an arm’s-length distance between their personal businesses and that of the association. If the bylaws state that the association will entertain bids for the various services, it is in their best interests to prohibit board members from submitting bids themselves. It smacks of nepotism and can set your board up for an unsightly lawsuit, one that could be waged against the association board as a whole, as well as individual members. If you’re not insured for directors and officers risks, a lawsuit could drain both association coffers and your own bank account.  Read more…

Can An Association Evict a Paying Tenant?

May 6th, 2010

Suppose your resident is behind in his payments to your condo association. Now suppose he has someone renting his unit. Should you as a condo association approach the renter and attempt to collect the owner’s rent instead of waiting for the delinquent resident to pay up? Can you?

Likely not. Your agreement is not with the person renting the apartment or condo. Your written agreement was signed by the resident in question. The renter has no idea usually that the resident isn’t paying his bills, nor does the renter have control over the resident’s actions. Also, renters pay maintenance fees as part of their rent payment to the owner. It’s the owner’s responsibility to forward those payments to the association, not the renter’s. Neither the association’s agreement with the owner nor the agreement between the renter and owner is set up to force a renter to pay an owner’s expenses, nor should they. Read more…

Blindly renewing your policy will cost you money. Guaranteed.

April 30th, 2010

Too often I’m faced with condo associations that make a critical mistake when insuring their properties – they simply renew without looking. It’s critical because in many cases, policies are renewed year after year without regard to changing property values, changing conditions, aging equipment and facilities, or changing occupancy levels.

And in today’s uncertain real estate market, those criteria could mean you’re either underinsured and assuming more risk than you need to or you’re paying for too much coverage. Let’s look at it from an underinsured perspective. Suppose your association purchased a new policy five years ago. At that time, the property consisted of three buildings, a pool, and six acres with a paved walking trail. The property value then was $1.2 million. Read more…

Associations – All Risk or Broad Form – Which Are You?

April 29th, 2010

Having an apartment or condo association insurance policy isn’t a guarantee that your association is covered should an event occur. It’s a guarantee that you have some type of coverage. And between the two forms of association insurance coverage, the differences are great.

All risk coverage typically covers your association from all perils. There are exclusions, such as earthquakes, acts of war, or terrorism, but the policy covers most events that can befall your property. In fact, the standard all risks policy spells out coverage exclusions rather than listing every covered event. If it’s not excluded, it’s covered. Read more…

Association Insurance: What’s Missing?

March 17th, 2010

Tough economic times often force tough economic decisions for apartment and homeowner associations. Board members, eager to trim expenses, will often look to insurance policies for ways to decrease coverage and lower premiums.

Too often associations have claims denied because the coverage they once had was dropped due to budget concerns. Also, many association boards failed to understand critical elements of their policies, leaving them with unnecessary or unknown gaps in coverage. The most common areas that cause trouble for associations include: Read more…

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