A recent case decision, Mt. Hawley Insurance Company v. Aquasol Condominium Association, Inc.,1 should have all association board members, condominium property managers, and condominium general counsel asking their insurance agents what will happen if their own association members sue the association. A recent case says there is no coverage for the cost to defend the suit and no coverage for the property damages to which the association may be liable. Continue Reading Condominium Found To Have No Liability Coverage When Association Member Sues Association Which Contains Certain Exclusions

Unit owners of associations are clearly intended beneficiaries of the property insurance policy that the associations purchase. Indeed, in many situations, the association policy pays for the individual owner’s unit damage as well as the common elements. So, when a unit owner is damaged by a delaying, denying or underpaying property insurer, can the unit owner sue for the owner’s personal loss? Continue Reading Can a Unit Owner Directly Sue the Association Property Insurer?

Fees may not be recoverable under a condominium association policy to an insured condominium association or its property management company after a loss. The Board should carefully consider fee percentages agreed upon in a management agreement to assist the association through a property insurance claim. Continue Reading Property Management Fees Incurred Following a Loss — Are They Recoverable?

You purchased a condo, closed on the mortgage loan, and are now ready to move in to your new home. But what happens if a pipe bursts and floods your unit or an electrical short causes fire damage to your unit? Should you call the insurance company or your Condo Association? Are you covered by your Condo Association’s master policy of insurance? What kind of insurance is required under your mortgage? Are you required to have an HO-6 insurance policy? These important questions need to be answered before you move into your new home. In discussion of these questions, I will utilize Fannie Mae requirements as a guidepost as Fannie Mae is the largest mortgagor in the United States and its rules and guidelines are often used by other mortgagors. Continue Reading Your Condo Association Has An Insurance Policy, But Are You Covered?

Continuing my state-by-state review of mandatory condominium insurance requirements, this post will look at New Mexico—The Land of Enchantment. Continue Reading Is Your New Mexico Condominium In Compliance With The Law? Mandatory New Mexico Insurance Requirements

Many states require condominium associations to maintain property insurance for the common areas of the building but leave it up to the unit owners whether they want to insure their individual units or personal belongings. Oklahoma, however, is different and does not require the association to obtain insurance for the property. Continue Reading Is Your Oklahoma Condominium In Compliance With The Law? Mandatory Oklahoma Insurance Requirements

Hurricane Florence

Hurricane Florence is currently a Category Four storm and is expected to intensify, bringing with it potential storm surges, excessive rainfall, and damaging winds. With Hurricane Florence quickly approaching the East Coast and posing a serious threat to the State of Virginia, it’s a good time for condominium owners to refresh their memories about what coverages may be available following a loss. Continue Reading Hurricane Florence: What Virginia Condominium Owners Should Know

Condominium associations in Texas should look to the Texas Property Code §82.111 to ensure that they are in compliance with the condominium insurance requirements in the state. Continue Reading Is Your Texas Condominium In Compliance With The Law? Mandatory Texas Insurance Requirements