Condominium Associations

Many state statutes and condominium bylaws require the purchase of reasonably available property insurance which covers all direct physical risks of loss on an extended and replacement cost basis. One issue I have heard associations and their insurance agents ask: “Is flood insurance reasonably available” so that it has to be insured.

This question was

Continuing my state-by-state review of mandatory condominium insurance requirements, this post will look at Indiana—The Hoosier State.

Condominium insurance requirements in Indiana are detailed in the Indiana Code. Section 32-25-8-9 discusses insurance and co-owners, stating in part:

Sec. 9. (a) The co-owners, through the association of co-owners, shall purchase:

1. A master

Making the proper insurance claim to recover damages to your condominium unit following a loss can be a daunting task. The first step to recovery is determining the origin and extent of the damage. Knowing the source of the damage and the extent of the damage will determine coverage and the insurance policies at issue. The next step is to review the applicable insurance policies, association bylaws, and your state’s condominium association statute. These instruments outline required coverages and allocate responsibilities between unit owners and the association. If the damages to an individual unit exceed policy limits then unit owners may find additional coverage after review of the master policy and association bylaws. The largest obstacle to successful recovery often deals with subrogation. A waiver of subrogation provision prevents the insurance company from pursuing legal action against the real party responsible for the damage.

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