💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RonaldC3 (Pennsylvania)
Posts: 14
Posted:


First off, my HOA does not carry insurance on common area property. They have just notified owners that we should provide a homeowners insurnace declaration page as proof of our individual coverage. If a owner does not do this the HOA will buy the owner a policy and charge him for it. Is this a common practice? And yes I do have my own policy.
RichardP13 (California)
Posts: 3,868
Posted:
First off, is your complex single family detached or condo/townhome?

Surprised you haven't been caught by the homeowner's mortgage company,m especially if your are attached units. The HOA is overstepping their authority by forcing insurance on the owners especially if it is not in the CCRs.
RonaldC3 (Pennsylvania)
Posts: 14
Posted:
I have townhome.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Is your townhome considered a condominium development or an HOA?

Your Association should be carrying Liability insurance, Directors and Officers insurance as a bear minimum.

Is your Association incorporated?
RonaldC3 (Pennsylvania)
Posts: 14
Posted:
It is incorporated and is a Townhome entity. The BOD carries no insurnace.
BenA2 (Texas)
Posts: 1,273
Posted:
Yes, I believe it is common practice with condo associations.

Townhomes or any residential ownership where you share common walls and roofs would normally be considered a condo association, even though they are often called "HOAs". The primary difference between a condo association and an Homeowners or Property Owners Association is that with an HOA/POA you own the entirety of the home which is detached from others.

Condo associations usually have much more control over what you can do with your property because if something goes wrong with your unit, it can have a direct impact on other units under the same roof.

I would think that the association would also have insurance but I suppose the individual owners' policies could cover the common areas. I would check your policy and your CC&Rs.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By BenA2 on 01/27/2018 4:06 PM

Townhomes or any residential ownership where you share common walls and roofs would normally be considered a condo association, even though they are often called "HOAs".

but not always. I own a town home and it is not considered a condominium.
This is likely because of the setbacks and staggered heights of the roofline making all but the common walls the individual homeowners responsibility. The CC&Rs specify that any common wall issues are issues between the two owners and not an HOA issue or responsibility.

This is why I asked.

Based on the answer, I'm not sure the OP knows the answer to the question.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 01/27/2018 6:41 PM
but not always. I own a town home and it is not considered a condominium.

We have 50 homes/lots arranged as 25 duplex attached residences and we're not a condominium either.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GenoS on 01/27/2018 8:11 PM
Posted By TimB4 on 01/27/2018 6:41 PM
but not always. I own a town home and it is not considered a condominium.

We have 50 homes/lots arranged as 25 duplex attached residences and we're not a condominium either.

My former community had 317 single family detached homes and we were called a condominium.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By RichardP13 on 01/27/2018 8:35 PM
My former community had 317 single family detached homes and we were called a condominium.

It takes all kinds. There are many different arrangements possible, I imagine. The most important things are what one's state laws require, how a developer chooses to organize the properties/units and whether that organization can be set up so that it adheres to the type of organization chosen.

The HOA I live in probably SHOULD have been organized as a condo instead of an HOA. Our life would be simpler and less complicated in many ways if that was the case. Changing it now after 30 years would be problematic. If could be done but it would be very expensive and, perhaps, impossible given the number of approvals needed from the homeowners, county government agencies, the water management district, and maybe even the mortgagees.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 01/27/2018 6:41 PM
Posted By BenA2 on 01/27/2018 4:06 PM

Townhomes or any residential ownership where you share common walls and roofs would normally be considered a condo association, even though they are often called "HOAs".


but not always. I own a town home and it is not considered a condominium.
This is likely because of the setbacks and staggered heights of the roofline making all but the common walls the individual homeowners responsibility. The CC&Rs specify that any common wall issues are issues between the two owners and not an HOA issue or responsibility.

This is why I asked.

Based on the answer, I'm not sure the OP knows the answer to the question.

If you look at property records, you could have see a condominium as property type and use code as townhome/residential.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By RichardP13 on 01/27/2018 9:39 PM
Posted By TimB4 on 01/27/2018 6:41 PM
Posted By BenA2 on 01/27/2018 4:06 PM

Townhomes or any residential ownership where you share common walls and roofs would normally be considered a condo association, even though they are often called "HOAs".


but not always. I own a town home and it is not considered a condominium.
This is likely because of the setbacks and staggered heights of the roofline making all but the common walls the individual homeowners responsibility. The CC&Rs specify that any common wall issues are issues between the two owners and not an HOA issue or responsibility.

This is why I asked.

Based on the answer, I'm not sure the OP knows the answer to the question.


If you look at property records, you could have see a condominium as property type and use code as townhome/residential.

Good point. Tt shows that we can't assume anything about a particular community.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By GenoS on 01/27/2018 8:47 PM
Posted By RichardP13 on 01/27/2018 8:35 PM
My former community had 317 single family detached homes and we were called a condominium.

It takes all kinds. There are many different arrangements possible, I imagine. The most important things are what one's state laws require, how a developer chooses to organize the properties/units and whether that organization can be set up so that it adheres to the type of organization chosen.

The HOA I live in probably SHOULD have been organized as a condo instead of an HOA. Our life would be simpler and less complicated in many ways if that was the case. Changing it now after 30 years would be problematic. If could be done but it would be very expensive and, perhaps, impossible given the number of approvals needed from the homeowners, county government agencies, the water management district, and maybe even the mortgagees.

Another good point. In Texas, under the Condominium Act it defines a condo as having a combination of separate ownership of units with common ownership elements but there is no requirement to call it a condo and nothing preventing a developer from calling a subdivision of single family homes a condo association. So, in Texas it would be important to know that a townhome with more than one unit under the same roof would be a condo by definition, because we have a different set of laws for that type of structure but in other states it may not matter.

TimM11
Posts: 354
Posted:
Whereas in Minnesota, every single common interest ownership community created after 1994 is treated the same under the law, which also covers every condominium regardless of age, and pre-1994 non-condominium associations that have opted into it (most of which have done so due to the legal protections it offers). For all intents and purposes, they are all HOAs under Minnesota law.

So yeah, it can vary based on location.
RichardP13 (California)
Posts: 3,868
Posted:
Same in California

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here