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WilliamM3 (Texas)
Posts: 4
Posted:
What does a Association do when the D&O insurance is cancelled due to high loss runs (3 suits in 3 years) caused by a previous board. The new board has been trying to get D&O for about 3 weeks, but no one wants to write a policy.
WilliamM3 (Texas)
Posts: 4
Posted:
We did something as fast as we could. Three recall elections - the last one caused by a judge that was to weak to make a decision after the 2 recall was plainly i favor of their removal - and $60,000 dollars in legal fees from a few members that set out to fix the problem we did remove the ones that were "running wild". The problem now is that they managed to cause enough suits that caused the D&O insurance to be dropped. We want to fix all of the wrongs they caused, but not without protection from the possibility that one of the former board members would sue just to get even.
hoatalk (California)
Posts: 603
Posted:
Contact our forum sponsor, IHG Insurance, ask for Adam or Krista and tell them HOATalk.com sent you. They cover all states and they handle D&O insurance (for 25 years). Have a look at their bio under HOA Professionals or the link on the right of the forum.

Ian H. Graham, Insurance
a division of Affinity Insurance Services, Inc.
5161 Lankershim Blvd
Suite 240
North Hollywood, CA 91601
Phone: 800.621.2324
Fax: 866.229.3754
www.ihginsurance.com

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ChadK (North Carolina)
Posts: 43
Posted:
I live in a HOA called Huntington Ridge. The Association (members) were persuaded by the board to sue the developer for repairs to the community pond. The repairs could have been done for around $4000. I have experience in operating heavy equipment and offered free labor if they rented the equipment. I could have done it for less than $4000 total. They were hell bent on suing. Well, 2 years later they managed to secure a settlement to have some repairs made. The pond looks worse than it ever has and the lawyers are still billing us to "close out" the suit. The HOA paid over $40,000 for the suit. My cut in the form of special assessments was $1400.

When I and a few other members make suggestions at the meetings, we get the "deer in the headlights" look. Also the "I have made up my mind already, and you are confusing me with facts" look. It is very frustrating. I won't bore you with details, but some of the "new" rules they were making were against the bylaws,CCRs, and the NC planned community act (law). Every meeting is a battle. When I show them the laws that they are breaking they just clam up, then I hear no more about that subject. The internet is a valuable tool for any HOA member. I suggest that you research your state laws, and be careful about what someone told you to do in chat rooms and boards. Not knocking this forum, but different states have different laws.

I wish there was a way that a member can say "I object to what you are doing, if we get sued I am not responsible".
unfortunately there is no avenue of escape. You can recall the board, but usually that is after the damage is done.
RogerB (Colorado)
Posts: 5,067
Posted:
Chad, thanks for posting an excellent example of what can happen to "sue happy" or frustrated Boards. Unfortunately many well meaning Board member follow the advice of an attorney who's primary focus is on litigation. A recent example I am aware of is when a Board spent over $8,000 in legal costs and never went to trial when the problem could have been easily corrected in one hour for less than $100!

I find many Board's and homeowners chose litigation without any real comprehension of the risk nor the potential cost. My advice is: "BEFORE FLING A LAW SUIT YOU SHOULD WEIGH THE PROBABLE COSTS OF LITIGATION AGAINST THE PROBABLE BENEFITS LITIGATION TENDS TO BE VERY TIME CONSUMING AND COSTLY WITH NO GUARANTEE OF WINNING."

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