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AugustinD
Posts: 5,144
Posted:
Can a HOA's insurance rates go up specifically in consequence of "threats" (of a variety of flavors over different issues) of legal action are made? E.g. (a) a member hires an attorney to write the HOA a letter (asking for clarification), without a threat of legal action; (b) a member writes a letter of demand but the HOA ultimately gives the member what is demanded, and there is no further demand made; (c) a member posts on his Facebook page an open letter to the board, stating he 'is optimistic court can be avoided in this matter...'
TimB4 (Tennessee)
Posts: 21,059
Posted:
claims matter. Not threats.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Rates going up can be effected by many factors. However, like Tim says "threats" aren't one of them. Claims are. Now it may depend on how your HOA is handling said "threats". If they are going straight to their insurance carrier with questions.

The insurance company will be the one ultimately paying out. Which risks your HOA for higher insurance rates or full out cancellation. If your HOA is calling the insurance company on things like "If we allow non-members to swim in our pool and they have an accident...". Kind of raises red flags on liability issues. They may be like "We don't cover that, if you want that covered you have to sign up for xxx option or package".

I don't go running for the lawyer for every threat received. Spending more money in prevention and fear than actual damages is a problem. Until I see an actual document from the court stating lawsuit, then don't see a need to panic. Even if a lawyer drafts the HOA a letter. Review it and then look at the worse case scenario. Is it worth knee jerk reacting or running the legal/insurance bill up?

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Potentially it should be Claims as both Tim and Melissa have noted. However, if an insurance company is monitoring an HOA and sees certain items especially on the World Wide Web they could possibly start looking at the HOA "risk factors". Potentially a well ran HOA who abides by their governing documents and follows their State Laws will have happy homeowners and zero complaints. If you are an HOA who is not properly providing documents in a timely manner and have very unhappy homeowners who are complaining on the World Wide Web ... the potential for a future lawsuit increases and thereby your "risk factor" would increase. Potentially if I was an Insurance Company I would be looking at this ...
AugustinD
Posts: 5,144
Posted:
Thank you, Tim, Melissa, and Janet. I see talk on the net distinguishing between "potential claims" and "actual claims." For example, https://www.davis-stirling.com/Main-Index/Tendering-Claims . One of the directors at my HOA has been insisting to members that even a threat (subtle or otherwise) of legal action will result in increased premiums. I now think she's wrong.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It will increase if your HOA is knee jerk reacting running to a lawyer each and every threat. Lawyer's don't work for free. So sometimes you spend more money on preventing a lawsuit than just paying the damages.

No need to take action till paperwork is in. Plus your HOA can always counter-sue if one is filed. Which doesn't take a lawyer typically. That counter-suit can be for covering the legal costs for defending itself and/or other damages.

Former HOA President

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