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OlyJ (Massachusetts)
Posts: 11
Posted:
As a new Board member, one of my fear is being personally sued for damages.
We plan to get liability insurance for the HOA and the Officers, otherwise no one would volunteer to do this work. How much coverage is enough? Has anyone being personally sued and lost personal property like homes, savings etc.? Some of the owners in our development had sued each other and the developer.
I fear that with the developer out of the picture the HOA and officers could be targets.

Thanks for sharing experience, insights, comments.

Oly
Jadedone4 (Virginia)
Posts: 495
Posted:
Oly, you are referring to DOL (Director Officer Liability) insurance. I once saw an "equation" (based on annual budget, and other factors) posted here - one of the "pro's" can better assist with a dollar/coverage amount.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your corporation is also protected by the Not For Profit Corporation Act. Anyone serving on the board has coverage, individually and collectively, and then as the corporation.

But Boards should have D&O insurance, anyway.

Of course, this does NOT cover criminal or negligence actions committed by any Board member(s)

LauraR2 (West Virginia)
Posts: 41
Posted:
This is something I am really starting to worry about now that our board is trying to become functional. Where can I find info on what is covered by the Not For Profit Act?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Google your state name and Not For Profit Corporation

or

Board liability for not for profits

RogerB (Colorado)
Posts: 5,067
Posted:
Laura, go to your secretary of state website and search by name for your HOA. Call up the articles of incorporation and read to determine if there is wordage to indemnify your Board of Directors. Good articles of incorporation will include indemnification, however I have read several which don't. Those that do not need to be amended to include this 'corporate shield'.
OlyJ (Massachusetts)
Posts: 11
Posted:
From doing some reading on the internet, found an article stating that by incorporating as not-for-profit corporation, [or any corporation for that matter] protects the officers from liabilities of the corporation. Their personal property and assetts are separated from Corporation and are off limit.
However, BOD can still be sued personally in addition to sueing the HOA if the officer(s) committed fraud or criminal acts [broke law(s)]. This seems to back up Susan's notes earlier.
I would agree that Boards or Officers should still get liability insurance for not only HOA but the BOD just in case they get sued personally.

I am just amazed at how expensive this whole thing is turning out to be. We feel that we need to hire a lawyer knowledgeable in corporate/Federal/state laws, an accountant, inspector, service/maintenance companies, buy hazard and liability insurance etc. just to take care of 5 retention ponds. Of course, all these professionals must be bonded. Our town did not want to take over the ponds and I can see why. I know of a HOA who does it cheaper by doing a lot of the work themselves, but they have resident professionals like a lawyer and accountant, and they can minimize the risks. It seems to me that this system is broken, it should not have to be this way. It is like health care I guess.

We should write to our Congress person and ask them to figure a way to make it so that the liabilities are limited and running HOA's affordable.
BrianB (California)
Posts: 2,820
Posted:
olyj every HOA is different, but i ran one for nearly a decade and we never had a lawyer, etc. It can be done for some HOA's on the cheap side: we bought insurance through a specialist, filed our own tax forms once per year, kept a single checking account for payments, etc. Perhaps we paid more for some things (like our insurance) but we felt it was worth it to not pay for dozens of outside consultants to save the ten bucks.

it can be daunting. I am here to say that it doesn't have to be in many cases. MY hoa took about an hour a month, another hour each quarter for letters, about four hours at tax time, and about 8 hours once a year to do the budget and not hold an annual meeting (thank you AZ State Laws!). toss in some time spent with the landscaper, a few phone calls to vendors, and so, and it could be managed with just a bit of time every month.

Granted, my HOA was an exception to most, but I just want to reassure you, it isn't as bad as it may seem at first blush.
ShawnaF (Colorado)
Posts: 84
Posted:
I agree - get coverage appropriately and speak with the agent so you get a better understanding to ensure your safety. BUT as a volunteer for the HOA and as long as you are acting appropriately and in good faith, the laws are there to protect you.

Of course, if you don't bother reading through the financials and staying up to date on things, don't read your Board package before meetings and aren't prepared to do your "job" - that's another situation.

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