HOA Insurance

Our insurance company sent me and the Management Company a letter stating that they felt we do not have sufficient insurance covereage. Our coverage was purchased in 2004 by the developer and the HOA continued to utilize it but not bring it up-to-date. It covers us up to $105 per sq ft and the Insurance company informed us we should have $150 per sq ft.

I informed the HOA via an e-mail to the Management Company but am being ignored. Per previous posting the HOA will not conduct HOA open meetings in violation of our CC&R's.

What can I do to protect my interest in my unit and be sure the HOA is properly insuring the outside of my unit and the rest of the units in the HOA?

How can I force them, if they are unwilling to listen, to properly insure my property?

David, The Insurance company may or may not be correct. If the Insurance company has a case they should be presenting it to the Board of Directors. You could encourage that action.

Would love to but the current Board of 3 has convinced the other 5 units to not vote for me as I'm the activist on the property. They also know I'm against the recently passed removal of the rental restrictions provisions so none of the other unit holders want me on the Board so that I don't attempt to remove the rental restrictions, naturally by vote, and they don't want their dues to go up because they are just trying to get by and rent their units until they can sell. All units owners are probably underwater on loan to value as last to buy was in 2006 and she is now at least 180K underwater. I alsmost have no options except to sue.

David,

Like, Jon, I wonder why the ins co. would send you a letter regarding the HOA's ins. coverage. However, this request really sounds a bit odd. In all the years that I've owned property and carried property ins., I have never been informed by an ins co that I should increase my coverage. Instead, the ins. co. automatically increases the premium at renewal. I can recall calling on occasion to ask why the increase and being told that the cost to rebuild has increased, which appears to be the same type of increase requirement for your HOA's policy. Also, just because this ins co feels the coverage should be increased, doesn't mean it really should. Another ins co may feel your present coverage is adequate.

Also, why would you feel the need to inform the mgmt co of this if they also received the letter from the ins co? It really sounds to me like you look for opportunities to let the board know you think they are not doing their job properly. IMO, you should just get over the fact that you are no longer a board member and let those who are do their jobs.

Incidentally, in another thread you stated the board has committed several violations, one being the fact that they allowed a member who does not live on the property to be elected to the board. Is it stated in your bylaws that all board members must live on the property? Usually a board member must only be a member of the assn and some docs do not even require that.

MaryA1, I would get over not being on the Board as I need a rest from being on the Board for almost 5 years. The problem is the new Board is not following the laws that govern them. In another post I indicate they have violated at least 8 Davis Sterling Act laws that govern them. I have hit a stalemate in trying to get the Board to even follow the basic law of having an Open Board meeting every 3 months and last year they conducted a closed, non-announced meeting where they acted to vote on removal of the rental restrictions from the property. From this meeting which I didn't find out about until about 40 days after it occured they didn't even provide meeting minutes until 45 days after. In fact, when I first asked for the meeting minutes I was told their was none by the Mgt. Co. and then lo-and-behold meeting minutes were produced the next day in PDF format. The PDF document shows they were created the night before which represented about 45 days after the meeting occurred. The minutes did not have a roll call, were not signed and still to this day have not been approved.

A board member who does not live on the property is allowed to be on the Board but that Board member is not even participating in Assocation business. The only reason the other Board members got him to run and got him elected was to prevent me from being on the Board. So be it BUT at least perform Assocation business if you are going to be on the Board.