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Eye Opening Situation. Do most homeonwer's have condo riders or condo insurance??

Started by FrancescaM32 replies • 3421 views

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FrancescaM (Washington)
Posts: 264
Posted:
Many first time homeowners may not be aware of the responsibility that they have to themselves and others in the form of homeowner's insurance. I know I didn't have coverage when I first bought a condo as I thought I was covered through the HOA. ( I quickly learned that is not correct and exactly what could happen without coverage... a leak, mold etc. not happened to me, but another unit. )

Recently we had a pretty severe issue with a leak in an upper floor. It was taken care of but there is residual damange when needs to be sorted out by the two units involved. It has come to our boards attention that neither of these two units have any condo insurance, condo riders or homeowner's insurance of any kind. It's definately a leak that was caused by improper installation of a appliance on an upper unit.

How often does it come to be known that owner's don't carry homeowner's insurance? There is some damage to communal property on the outside of the building which the HOA will take care of and bill... Has something like this happened before where no insurance is in place when a homeowner is at fault? It will no doubt need to be sorted out in small claims or the sort. Just curious how common is the uninsured??
MicheleD (Kentucky)
Posts: 4,491
Posted:
I'm surprised the mortgage holder doesn't require insurance.

Ours does.

So does any lender within 500 miles. . .
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By MicheleD on 08/17/2009 9:21 PM
I'm surprised the mortgage holder doesn't require insurance.

Ours does.

So does any lender within 500 miles. . .

... and if there is no mortgage?
SusanW1 (Michigan)
Posts: 5,202
Posted:
You would think it would be an HOA requirement.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Many HOAs, especially those with common walls and joined structure parts require proof of insurance. As a matter of fact, more than most require it. I own a Florida villa and they allow us 30 days after the renewal date to provide documentation of having coverage and THEY have set the minimum amount to be covered. And yes, lenders will require it and most likely add it to the monthly mortgage payment.
SheliaH (Indiana)
Posts: 6,964
Posted:
All good questions - in one of my first threads on this site, I asked about this after a fire in one of the units in my community (the place was gutted, it was being rented by a lady who didn't have renter's insurance, and although the homeowner had insurance and the fire started within the unit, our master policy paid out over $60K to fix the exterior and damage to the adjoining three units).

In our community, I suspect there's probably more underinsuance among the homeowners because, as you've noted, they assume the association's policy will pick up the tab. After the fire debacle, we published an article in our newsletter last year (and will do so again this year) about insurance. Among other things, we explained what the master policy covered and urged homeowners to consult their agents to ensure there weren't any gaps. We also suggested they consider stuff like a sewer backup rider and special assessment coverage, emphasizing that they should at least have enough insurance to cover the association's deductible (currently $5K) if damage originating in their unit resulted in damage to the adjoining units.

And we told owner/landlords they need to insist on their tenants keeping renter's insurance so the master policy might recoup its costs.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sheilah,

Here again, it may be up to the HOA to mandate that all units have coverage to their individual units. Renters insurance won't cover damage to the structure unless there is a liability statement stating so. How to enforce this is another question but in a common walled structure, it is nescessary to make sure that there is adequit coverage from all that share the building.
TracieS (Colorado)
Posts: 460
Posted:
My association does not require insurance. The association carries our recommended insurance policies, but we don't have a "policy" in place to require owners to carry the HO6 policy.

Could anyone post some broad/general language for how your documents or rules read that require insurance? How is followup handled? Are there fines/penalties?

What if ultimately, someone doesn't carry insurance on their unit? What do you do if the unit is totaled (and the neighbor's unit, let's say who DOES have HO6 insurance?)

MichaelK11 (Texas)
Posts: 432
Posted:
Quote:
Posted By DonnaS on 08/18/2009 6:03 AM
Sheilah,
Here again, it may be up to the HOA to mandate that all units have coverage to their individual units. Renters insurance won't cover damage to the structure unless there is a liability statement stating so. How to enforce this is another question but in a common walled structure, it is nescessary to make sure that there is adequit coverage from all that share the building.

There is a clear distinction between HOA's with shared structures (condos, townhomes, etc) and those with single-family homes. In threads such as this, always indicate when referring to your HOA, into which category it falls.

I don't know if my HOA requires insurance; but it's not relevant, because we don't share walls -- only grassy common areas. I'm not even sure about the difference between a townhome and a condominium, or what kind of "villas" share walls.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Michael,

Shared walls are condos, townhomes and villas with a common central wall. Stand alone homes are not what we are referring to as having shared walls. I looked up my Florida CC&Rs and there is an entire section in the protective covenants on required insurance. That unit is also in an area that FEMA designates as a flood zone therefore the CC&Rs also require flood insurance. So, contrary to my previous post, there can be a required insurance and enforcement for not having it.
MichaelK11 (Texas)
Posts: 432
Posted:
Donna,

Thanks, but I'm not sure how this is responsive to my post. But my post was not really in response to your previous one, and I'm not sure why I quoted it.
TracieS (Colorado)
Posts: 460
Posted:
Quote:
Posted By MichaelK11 on 08/18/2009 6:33 AM
Posted By DonnaS on 08/18/2009 6:03 AM
There is a clear distinction between HOA's with shared structures (condos, townhomes, etc) and those with single-family homes. In threads such as this, always indicate when referring to your HOA, into which category it falls.

I don't know if my HOA requires insurance; but it's not relevant, because we don't share walls -- only grassy common areas. I'm not even sure about the difference between a townhome and a condominium, or what kind of "villas" share walls.

Ok, I'm townhome (shared walls and shared garage structures with individual bays - think two story row houses). Also, we have had owners request the association master policy declarations because their mortgage companies require it. MY own personal mortgage company does not require me to carry the HO6 policy, but does require insurance on the structure.

Also, I still have trouble with the distinctions between condo/townhome/villa/etc...and I LIVE IN ONE!
FrancescaM (Washington)
Posts: 264
Posted:
Well, our HOA does not require individual units to have thier own insurance. Over all it's a very inexpensive plan. Basic coverage runs about $20 a month. We do have basic building coverage that our HOA has.. and that is often all the mortgage companies need...

I think with the redo of our cc&r's it may be a good time to think about adding a mandated insurance clause.... will submit an idea to the HOA and see where it goes.
RogerB (Colorado)
Posts: 5,067
Posted:
Francesca, following is an example from a townhome Association's declaration of CC&Rs:

Section 13.2 Insurance Carried by Owners.
Owners shall have the sole and direct responsibility for:

(a) Personal insurance coverage for improvements installed by someone other than the Declarant or the original builder including items in section 8.2, upgrades, window treatments, pictures, furniture, furnishings, and other items of personality or other property belonging to an Owner, an Owner’s Guest(s) and/or an Owner’s tenants; and

(b) Liability within their homes and upon their Lots.

(section 8.2 lists the Owners maintenance responsibilities.)
MikeS1
Posts: 521
Posted:
The mortgage company for the unit-owner only cares if there is a Master policy in place, but folks are nuts if they don't carry a unit-owners Condo Policy. They are typically very cheap $100-200 and they cover the unit owner's property, liability and Betterments/Additions and alternations which is basically were the Master policy leaves off.

Because we had so many rental condos, our Board implemented a rules that says that the unit-owner provide a copy of the renter's insurance policy along with a copy of the lease. In the case of a Rental Condo, the unit owner should still carry a policy in addition to the renter's policy. If the renter causes a water loss or fire, at least the COA might have some recourse so that they could subrogate for damages. Also, some of our absentee owners are negligent sometimes with maintenance issues and cause losses for which the Board might subrogate against the unit owner for damages to the dwelling.
MichaelK11 (Texas)
Posts: 432
Posted:
Quote:
Posted By MikeS1 on 08/18/2009 9:01 AM
The mortgage company for the unit-owner only cares if there is a Master policy in place, but folks are nuts if they don't carry a unit-owners Condo Policy. They are typically very cheap $100-200 and they cover the unit owner's property, liability and Betterments/Additions and alternations which is basically were the Master policy leaves off.

I don't understand. Why don't mortgage lenders require unit-owner policies for the same reasons they require homeowner policies (to protect their security)?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Michael,

The mortgage lenders who do not require insurance on these properties are the same companies who fell flat on their big corporate butts because of poor lending practices. To sell mortgages, they skipped requiring insurance coverage in order to keep the monthly payments down. Not only did this practice not cover the mortagee, it failed to cover joint ownership of common walls and property.

I sold 2 condos when we relocated to Tennessee and both required full coverage on any unit before the titles were transfered. So this might fall into a HOA responsibility to require coverage at least to common structure
JeanneK3 (Maryland)
Posts: 562
Posted:
I live in a townhouse condominium that does not require HO6 insurance and I wish they did as I suspect some of the units are not adequately covered. With regard to the differences between whether something is a condominium, co-operative or an HOA, it is totally dependent on how the governing documents are written. You can have a condominium regime over free standing homes if that community was conceived to have the association take on most of the maintenance. It's almost totally up to the developer as to which type it will be.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jeannie,

Yes, all of these different types of structures are called by different names. We have argued that until the cows came home. The defining factor is whether or not there is any common wall or walls of the structures, in other words, are the joined in some place. That is where an association could OR should require insurance to cover that area where an event could cause damage to the ajoining wall or members unit.
MaryA1 (Arizona)
Posts: 7,043
Posted:
This has nothing to do with insurance coverage but another defining factor in determining whether a unit/lot is a condo or single family home is who owns the common areas. If the unit/lot owner has an undivided interest in the common areas, it is a condo, regardless of whether the unit is referred to as a townhome, a duplex, a villa, or whatever. If the common areas are owned solely by the assn, then it is a planned community.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,

Please explain when you say that this has nothing to do with insurance coverage? That is the question asked by the O.P. We are not addressing "common area" but common structure. Having your individual space insured and all that your space abuts up to is what is what we need to have insured but some governing documents do not address this, therfore owners don't seem to find the need, thus the HOA needs to have written policy requiring insurance coverage for common structural elements.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Not to put words in Mary's mouth, but I understood that as a preface to her comment. That she was addressing a few other posters' comments on the difference between condo, townhome, etc.

In other words, I thought that by saying "This has nothing to do with insurance coverage " she was alerting to an Off Topic comment. . .

But I could have misunderstood.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Hah! That's why it is so difficult to truely understand a posters "intent". If that was Mary's intention, I thank you Michelle for clarifying that.
TracieS (Colorado)
Posts: 460
Posted:
That was what I thought Mary was doing too...clarifying the issue that condo/villas/townhomes/etc have legal definitions depending on ownership of common areas. I don't *THINK* Mary was saying the post was getting off topic.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Well, I seem to be wrong a lot lately but if you all have the same OP on this thread that I have the question was about a condominium and the advisability and practice of each owner carrying an additional policy on his/her unit.

There is something very wrong if ANY Condo does not carry a blanket insurance policy on the common property of the association. The individual insurance I think of question is termed by at least those in SC as HO6 Insurance and is loosely referred as contents insurance although there are stipulations that expand on that singular coverage. It is really no different except the physical structure and proximity to other dwellings, than buying contents insurance for a single family home. The proof is in the pudding and that is determined by how the Umbrella insurance for the common property is written. Of course common property should absolutely be included in the covenants, and ours does. It is recommended that HO6 Insurance be carried by each individual unit. I have carried this kind of insurance forever it seems, never made or been involved in a claim, which is beside the point. I suppose only two things can happen. There involvement with the common property requiring insurance adjustment. There can be a problem inside the unit involving something covered by the HO6. That can happen singularly or in any combination. Someone steals grandmas silver and you have HO6 insurance for it..........owner takes care of it. A roof blows off and results in no collateral damage. Regime is covered under Blanket Common property insurance. Unit A hot water heater give way and soaks unit B under unit A. No other collateral damage, and both have HO6 insurance. Insurance companies get together and in this case probably upstairs units insurance pays, is covered in policy.

Unit A, same circumstances, damage this time includes damage to common property in addition. Three insurance companies then decide who pays what according to coverage of each.

If you don't carry HO6 you are at a distinct disadvantage and who knows what you are going to have to pay.

In addition to H06 you can carry extended coverage on a insurance policy to cover specific item, one may be living expenses if you have to move out. In any event that coverage can not in any subvert the Common Property insurance carried by the Regime. The sections that deal with common property insurance is in our covenants.

It seems reasonable that the Board would have the authority to require H0^ insurance on all units because that would be protecting the whole.

My opinion
TracieS (Colorado)
Posts: 460
Posted:
Robert, another well-thought out post.

I concur...I carry HO6 insurance as well, and it's not required by my association. Our documents are VERY vague when it comes to insurance, so opposing insurance agents will have their work cut out for them.

I am interested in hearing more about the actual policies in place that allow the association to require owners to carry HO6 (or whatever it's called in your state). We don't have such a policy, and I'd like to look into it for our association.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Tracie,

My CC&Rs that have the insurance statements is 7 legal sized pages long. It includes A. Public Liability Insurance, B. Hazard Insurance,Flood Insurance, Form of POlicy and Insurance Trustee, Required Policy Provisions, Restrictions of Mortgagees, Distribution of Insurance Proceeds and Losses, Fidelity Coverage, Cancellation or Modification, Condemnation and Additional Insurance.

The final paragraph states " IF ANY OWNER SHALL FAIL TO OBTAIN SUCH INSURANCE AS REQUIRED OR SHALL FAIL TO SUPPLY TO THE ASSOCIATION ANY CERTIFICATE OF INSURANCE AS HEREINBEFORE SET FORTH, THE ASSOCIATION SHALL HAVE THE RIGHT TO OBTAIN SUCH INSURANCE AND LEVY A SPECIAL ASSESSMENT AGAINST THE OWNER IN QUESTION AND HIS DWELLING UNIT THEREFORE"

If you send me your e-mail, I can scan this all for you. It is very complete for association coverage. [email protected]
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Tracie,
Well it is debatable about whether a Policy would cover the requirement to have a HO6 Policy. Right now it is strictly a recommendation in our documents. I think a requirement to carry this insurance would require an amendment. However, that is my personal opinion, which also includes; I think it should be a requirement. Keep in mind a requirement would have to have some method of compliance and enforcement.

I am also not at all sure if our insurance polices for the common areas cover everything Donna says it covers in her Condo, if she is implying her post is directed to Condos.......the original question.

I am also certain that our Policy as written is nor defined in our CC&R's, and I would suspect the written conditions in the policy could vary from year to year.

We have several insurance agents as owners here and right now some are on our insurance committee. All have great experience and for my money I am willing to accept their decisions, as is the Board, apparently, they appointed the committee. I don't know if this committee has addressed the HO6 policy

MikeS1
Posts: 521
Posted:
Whether or not the COA board can mandate that the owner have converage, that's one good question, but the biggest reason that it should be required is due to fact that if a unit owner caauses a major fire or water loss, the Insurance Carriar for the Master Policy can subrogate against the unit owner's policy. Your rates are often based on Loss Experience (Prior Claims paid). We had a unit owner that left her dryer running in the am when she left for work. A lint fire pretty much damaged her unit and two others. At least we could recover up to $300,000 under the unit owner policy due to her negligence. We've also seen similar scenarios where the unit owner or renter caused major water losses by accidental overflows from Tubs, sinks etc.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By FrancescaM on 08/17/2009 8:58 PM

How often does it come to be known that owner's don't carry homeowner's insurance?
Just curious how common is the uninsured??

Francesca it generally becomes known about the time it's needed as in your case. You can figure that all of your delinquent accounts or frequent late pays have no insurance and I would gestimate 1/3 to 1/4 of the rest are either under insured or have no insurance.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mike,
Thanks for the reply.

Lets take my posted scenario about a condo Unit A leaks on Unit B below and lets say there is no collateral damage.

#2, same as above only this time there is common property damage.

If the below definition can be applied, who does all this wheeling and dealing and do you think an Insurance Committee should be involved in the discussion or actions?

Let me say I am trying to gain some knowledge here>

DEFINITION OF SUBROGATION
An insurance carrier may reserve the "right of subrogation" in the event of a loss. This means that the company may choose to take action to recover the amount of a claim paid to a covered insured if the loss was caused by a third party. After expenses, the amount recovered must be divided proportionately with the insured to cover any deductible for which the insured was responsible.

TracieS (Colorado)
Posts: 460
Posted:
Quote:
Posted By DonnaS on 08/18/2009 5:31 PM

Tracie,

My CC&Rs that have the insurance statements is 7 legal sized pages long. If you send me your e-mail, I can scan this all for you. It is very complete for association coverage. [email protected]

HA! My CC&Rs are a TOTAL of 12 pages (8.5"x11", 12 point font!), and insurance takes up two paragraphs (about 3/4 of a page!!! 25 years old). My insurance agent laughs. I used to laugh, but I'm starting to think it's not funny anymore...just inadequate.

I would LOVE to see what a complete Article in CC&Rs have to say about insurance! I'll send you an email.

Now, I'm a townhome, so I will be using your example as just that, an example. (Sometimes have to say stuff like that before I get chastised...)

Thanks!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Tracie,

The insurance copy that I have is in my 55+ community of 2 side by side, joined units. ( They are called villas in the documents) Call them what you will.

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