Simplifying Colorado's Requirements for Declaration Amendment

Colorado condominiums have all kinds of technical and legal requirements regarding notice when changing by-laws or anything which has previously been placed into the organizations documents of governance. It is even more complicated when dealing with mortgagees who are often referred to in the by-laws. Here is a simplified explanation of how to deal with some issues Colorado Boards frequently must be concerned.

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Is Your Louisiana Condominium In Compliance With The Law? Mandatory Louisiana Insurance Requirements

Continuing my state-by-state review of mandatory condominium insurance requirements, condominium owners in Louisiana should look to title nine of the Louisiana Revised Statutes for insurance requirements pertaining to condominiums.

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Is Your South Carolina Condominium In Compliance with the Law? Mandatory South Carolina Insurance Requirements

Continuing my state-by-state review of mandatory condominium insurance requirements, this post will look at The Palmetto State, South Carolina.

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Colorado: When May An Association Hold Closed-Door Executive Meetings

We often receive questions from concerned Colorado association members regarding the law surrounding closed-door executive meetings held by their board or committee. In 1992, Colorado enacted Colorado Revised Statute § 38–33.3, also known as the Colorado Common Interest Ownership Act, to strengthen homeowner associations and common interest communities. The Act attempts to establish a comprehensive and uniform framework for the creation and operation of common interest communities.

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Water Leak Repairs Under Puerto Rico's 2003 Condominium Act

Puerto Rico’s 2003 Condominium Act has established how to proceed in circumstances where the responsibility for maintenance and repairs is unclear. As I mentioned in my prior blog, the Board of Directors is responsible for the insurance and repairs of general common areas in condominiums such as stairs and lobby. All unit holders are responsible for their own insurance coverage, maintenance and repair of the unit’s interior.

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Complexities in Condo Coverage: RCBAP Overlap or Gap Coverage?

Flooding as a result of Hurricanes Matthew, Harvey, Irma and Maria have adversely affected many condominiums causing the unit owners and associations to review insurance policies and by-laws to guide them in the recovery process. In typical scenarios, the most desirable locations for condominium living are along water bodies designated as Special Flood Hazard Areas (SFHAs). Therefore, the majority of the common elements or areas are on the ground and first floor, putting them at the highest risk of flooding. For many years, only the lower unit owners purchased flood insurance through National Flood Insurance Program (NFIP) since the consensus was that only those units would be at risk.

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Is Your Georgia Condominium In Compliance with the Law? Mandatory Georgia Insurance Requirements

Condominium regulations in Georgia are outlined in the Georgia Code. Section 44-3-107 specifically addresses insurance coverage requirements for condominiums. Broadly speaking, condominium unit owners are not obligated by statute to maintain insurance, but condominium associations are. Per the Code, condominium associations in Georgia must have casualty insurance policies and liability insurance policies.

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Is Your Alabama Condominium In Compliance with the Law? Mandatory Alabama Insurance Requirements

Condominiums in the state of Alabama are governed by the Alabama Uniform Condominium Act. Section 35-8A-313 of the Act specifically relates to insurance requirements for condominiums. Condominium associations are required to maintain master insurance policies, but individual unit owners are not required to obtain their own insurance policies for their units.

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Association's Delay in Repair of Common Area Results in Payment to Owners of Damaged Townhomes

In Lakeside Village Homeowners Association, Inc. v. Belanger,1 the Texas Court of Appeals found an HOA violated the Declaration of Covenants when it delayed repairing common areas of the Lakeside Village townhome community in Rockwall County, Texas.

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Protective Safeguards and Condominium Property Insurance Coverage--Agents, Condo Boards, and Property Managers Beware!!

Merlin Law Group New York and New Jersey office 2017 Holiday Party and UGLY SWEATER contest
Merlin Law Group New York and New Jersey office 2017 Holiday Party and UGLY SWEATER contest

Protective safeguard provisions can lead to denials of coverage. Condominium officers and boards, their insurance agents, and especially their property managers should be very wary when the requirement of protective safeguards are included in a policy or mentioned in an application. A failure to have protective safeguards in place and working may leave a significant condominium property loss completely uninsured.

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