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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JanineR (Tennessee)
Posts: 259
Posted:
Generally, are home owners allowed to view the actual insurance policy after a catastrophe?
Not just the insurance certificate.

There is nothing in our governing documents that excludes it.

JohnC77 (California)
Posts: 562
Posted:
I would refer you to the agency who wrote the policy to help you.
AugustinD
Posts: 5,144
Posted:
Please quote exactly what your governing documents say about inspecting records.

The Tennessee NonProfit Corporation statute does not list the insurance policy among the records which you are entitled to view. But your governing documents may trump the statute.
JanineR (Tennessee)
Posts: 259
Posted:
Our Books and Records Clause is:

"Books and Records. The Association shall maintain current copies of this Master Deed, the Charter, the Bylaws, and all rules and regulations concerning the Condominium, as well as its own books, records, and financial statements, all of which shall be available for inspection by Unit Owners or by holders, insurers, and guarantors of first mortgages that are secured by one or more Units. Each of these documents shall be available for inspection during normal business hours at the address of the Association for its manager."

------

We got plummeted by a catastrophe nearly a year ago. Many home owners have asked for a copy of the policy so we can see what is covered and what is not.
AugustinD
Posts: 5,144
Posted:
Thank you. The Master Insurance Policy is a part of the "records" of the Association. In my opinion the covenant requires the Association to provide a reasonable time when you may inspect the Master Insurance Policy. Send a short letter to the registered agent of the HOA. You can probably look up who is the registered agent at the Tennessee Secretary of State site. Usually the registered agent is the property manager. Send the letter registered mail, return receipt requested. The letter should say: "Dear Board of Directors, Pursuant to covenant ___, please provide a time in the next 14 days when I may inspect the Master Insurance Policy. Thank you, ______"

Document any response you receive from them from here on out. Save copies of anything you send to them. In all your communications, stay polite, factual and to the point. Never use all-caps, exclamation marks, ellipses or anything else that conveys emotion in your communications.
JohnC77 (California)
Posts: 562
Posted:
Again, I would refer you to the agent or agency who wrote the policy(s), as they would be the subject expert. I would also contact my own insurance carrier for help.

Here is an article describing coverage for tornados.

https://www.allstate.com/tr/home-insurance/insurance-for-tornado-damage.aspx#:~:text=Coverage%20For%20Tornado%20Damage%20Caused,from%20a%20tornado%20damages%20it.
CathyA3 (Ohio)
Posts: 6,299
Posted:
If you're in a condo. the association has to make that info available so that your insurance agent can write your HO6 or other policy correctly.

Since the association's coverage can change from year to year, especially the deductible which is typically passed on to condo owners, they should be providing copies of the new certificate of insurance each year - without being asked for them.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Each year at our Annual meeting the Master insurance certificate is given to each owner for their records. Attached to that one page is the list of what is covered by the Association with the rest covered by the owner HO-6 policy. We encourage each owner, regardless of the company they use for their HO-6 policy, to have their agent contact the Association agent to ensure that the owners' property is covered correctly.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Michael

Who made up the list you give people? On the surface if not made up by the insurance company, I would be nervous if an error was made resulting in a lawsuit. I would be especially nervous if made up by some arbitrary BOD Members.
MichaelS56 (Minnesota)
Posts: 858
Posted:
John, good question. In the state of Minnesota our law 515B.3-113 lays out what may be covered by insurance that pertains to the inside of the Unit. Our Property Management Company then formats a one page document listing what is covered by the Association master insurance policy, that is inside of the Unit. Many condos use the "walls out" coverage, but our townhome association has purchased All-In. This type of policy is more expensive, but it does not cover personal property.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MichaelS56 on 02/09/2021 10:49 AM
Many condos use the "walls out" coverage, but our townhome association has purchased All-In. This type of policy is more expensive, but it does not cover personal property.
Since the costs of the HOA's insurance policy are passed directly to the owners, and the alternative is for owners to purchase individual policies for walls-in coverage, I figure MichaelS56's HOA's insurance is either a wash or possibly saves money.
CathyA3 (Ohio)
Posts: 6,299
Posted:
My CC&Rs require all-in insurance, and I suspect many other communities may be the same. I suspect it may be related to the structure of the buildings.

People should look in their CC&Rs and see if there is an article about Insurance.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We are standalone, patio homes. Our Covenants say each owner shall maintain insurance with the HOA named as co-payee. This so no one could collect a settlement and not rebuild to our specifications nor run away with the settlement and leave a destroyed home. Once in a while we get an insurance agent that says we cannot do the co-payee thjng. All it takes is a phone call from our lawyer and the agent sings a different tune.

Our Covenants also say each owner must show the HOA proof of insurance or the HOA could get the insurance and bill the owner. We have never enforced this so we do not know if one does not have insurance. If we saw any damage, we would tell our lawyer and he would be sure he was on top of it.
MarshallT (New York)
Posts: 414
Posted:
I think it really depends on your HOA. It is not unreasonable to request to view the policy during a situation like this. Work with your board and I think you should be able to get the information you seek.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MichaelS56 on 02/09/2021 6:34 AM
Each year at our Annual meeting the Master insurance certificate is given to each owner for their records. Attached to that one page is the list of what is covered by the Association with the rest covered by the owner HO-6 policy. We encourage each owner, regardless of the company they use for their HO-6 policy, to have their agent contact the Association agent to ensure that the owners' property is covered correctly.

That's a great idea! Our annual meeting is next week and I think I'll suggest that. We don't get many people at the annual mesting, so this morning but work if it was sent with the upcoming years budget.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

🎯 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