Community association insurance can be a difficult subject to grasp, but boards must confront it in order to fulfill their legal duties. Identifying and understanding the portions of the governing documents and state law that govern insurance is the first and most important step. An attorney who focuses on representing Washington condominium and homeowners associations can make this complex area more accessible.
Thursday, December 29, 2011
Washington Court Rules that Condo Association's Insurance Covers Tenant
Community association insurance can be a difficult subject to grasp, but boards must confront it in order to fulfill their legal duties. Identifying and understanding the portions of the governing documents and state law that govern insurance is the first and most important step. An attorney who focuses on representing Washington condominium and homeowners associations can make this complex area more accessible.
Wednesday, June 29, 2011
Seattle Condominium Flood Demonstrates Importance of Insurance
An overflowing bathtub caused by a sleepy owner recently plunged the Seattle condominium known as Mosler Lofts into a nightmare. Property damage was extensive, and many of the units had to be vacated for repairs. An unfortunate incident like this should remind condominium associations and their owners that purchasing adequate insurance coverage is advisable even when it is not legally required. It should also cause condominium boards to evaluate their governing documents to determine who pays their association’s insurance deductible in these types of situations. Ben Kakimoto’s discussion of condominium insurance on the Seattle Condo Blog earlier this month is well worth reading. For an overview of Washington condominium associations’ legal duty to purchase insurance, please review my previous post on that subject.
Friday, June 18, 2010
Court Upholds Seattle Condominium Association's Default Judgment Against Insurance Company
Washington condominium and homeowners association boards should not be hesitant to file claims with their insurance companies when serious property damage occurs, and they should encourage owners to proactively contact their insurers as well. This is sometimes the only way to avoid major special assessments. It is sometimes necessary to sue insurance companies if they will not respond or if they deny claims that appear to be covered by the policy. Such litigation can obviously turn out very well indeed for the association if the insurer drops the ball and is found in default. The Lakewest case demonstrates that default judgments have value and will be upheld by the courts in some circumstances.
Tuesday, November 10, 2009
New Requirements for FHA Condominium Loans Delayed and Revised
The new standards governing FHA condominium loans that were first announced in June have also been revised. One significant change is that condominiums are not required to maintain a current reserve study. A "budget review" process has been inserted instead. This review must determine that the budget is adequate and meets the following standards: 1) Includes allocations to ensure sufficient funds are available to maintain amenities and unique features; 2) Provides for the funding of replacement reserves for capital expenditures and deferred maintenance in an account representing at least 10% of the budget; and 3) Provides adequate funding for insurance coverage and deductibles. If a condominium's budget does not meet these standards, a lender may request to review a reserve study that is less than a year old to assess the project's financial stability.
Another important revision to the new FHA standards concerns the kinds of insurance coverage that must be in place to obtain approval. Condominium associations are required to maintain property insurance in an amount equal to 100% of current replacement cost of the condominium and comprehensive general liability insurance covering common elements, commercial space, and public ways. Associations with 20 or more units must also maintain fidelity insurance with coverage in an amount no less than the sum of three months assessments on all units plus reserve funds. If the project is located on a 100-year flood plain, a certain type of flood insurance is required as well.
If the board of your condominium association is concerned about obtaining or maintaining FHA approval, then it should consider seeking guidance from an attorney or other real estate professional that is familiar with this complex area.
Friday, July 3, 2009
Property and Liability Insurance – Is Your Association Paying Too Much?
Condominiums created on or before July 1, 1990 and homeowners associations should focus on their governing documents when evaluating their current insurance. The Horizontal Property Regimes Act and the Homeowners’ Associations Act do not impose any insurance-related requirements other than those in the association’s governing documents. Condominiums created after July 1, 1990 are required to maintain the insurance that is required by the Washington Condominium Act, which includes property insurance on the condominium in the amount of at least 80% of the actual cash value of the insured property at the times that the policy is purchased and renewed and liability insurance for death, injury, and property damage relating to the use, ownership, or maintenance of the condominium’s common elements.
Once community association boards are aware of the minimum insurance requirements established by applicable statutes and their governing documents, they should examine their associations’ present insurance policies. Automatically renewing those policies without considering other available options could result in some associations missing a better deal. Mary Register, an insurance agent at Lovsted Worthington, recently pointed out to me that many condominium and homeowners associations can obtain as much or more insurance coverage for less money by switching to direct writers like Philadelphia Insurance or Fireman’s Fund. She also indicated that some associations would benefit from a re-assessment of the value of the insured property and the cost to rebuild it given the current market conditions. Even if an association decides to stay with its present insurer, Ms. Register noted that it can lower its insurance premiums over time by installing safety features like fire alarms and security systems.
It only takes one serious incident to realize the value of an association’s property or liability insurance policy. Boards should ensure that their associations have adequate insurance coverage, but they should also take advantage of the increased competition for their business to lower their associations’ premiums if possible. The owners will (or should) thank them later.