Tag Archives: Condominium Associations

Are Property Management Fees Recoverable Following a Loss?

Fees may not be recoverable under a condominium association policy to an insured condominium association or its property management company after a loss. The Board should carefully consider fee percentages agreed upon in a management agreement to assist the association through a property insurance claim.… Continue Reading

Condominium Associations Must Purchase Flood Insurance

Many state statutes and condominium bylaws require the purchase of reasonably available property insurance which covers all direct physical risks of loss on an extended and replacement cost basis. One issue I have heard associations and their insurance agents ask: “Is flood insurance reasonably available” so that it has to be insured.… Continue Reading

Emergency Powers Exists to Enable Hurricane Recovery for Florida Community Associations

Once Hurricane Irma passes and recovery efforts begin, the many volunteers who agreed to serve on boards of community associations will have daunting challenges. Buildings will need to be secured from further water intrusion, and units that are water-soaked will need to be dried out. The storm debris ranging from damaged landscaping to destroyed roofing … Continue Reading

Homeowner’s Associations- Does Your HOA Have the Right Coverage?

Homeowners living in planned communities usually have governing documents that mandate the individual home or condominium unit owners carry their own insurance in the event of a property loss. While unitholders in these communities pay monthly or yearly dues so the main association (HOA) can take care of the common areas, part of those mandated … Continue Reading

It’s Important for Associations to Maintain Liability Coverage for Board Members

On October 14, 2011, Corey Harris explained Florida’s standard of director’s liability in his blog post, Am I Personally Liable Simply For Being A Director? As he noted, “[t]he longstanding precedent discussed in Munder v. Circle One Condominium, Inc., 596 So.2d 144 (Fla. 4th DCA 1992), provides that directors are immune from individual liability unless a … Continue Reading

Merlin Law Group Publishes Condominium Insurance Law Blog

The Merlin Law Group has started a legal blog about the insurance issues that arise with Condominiums. Condominium law is an area where a little experience leads to the conclusion that there is a lot more to learn. Condominiums have unique insurance issues which we felt could better be addressed in a separate blog.… Continue Reading

Florida Southern District Court Upholds Condominium Association’s Right to Bad Faith Discovery

(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties).  In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born … Continue Reading

QBE Wins Again!!

Bill Berk called me yesterday regarding the upcoming Windstorm Conference next week. During our discussion, he mentioned that his partner, Evelyn Mercahant, won a trial for QBE against a condominium association represented by a very good trial attorney, Daniel Rosenbaum. The Association was seeking millions, but the jury awarded zero.… Continue Reading

Lessons for Policyholders Years After the Loss

I saw a number of property managers of former Community Association clients yesterday at the Community Associations Institute National Conference in New Orleans. We recalled the trials and tribulations of catastrophes long past. We consult with a number of them regarding their insurance programs and will sometimes have a conference with their insurance brokers and … Continue Reading

A Few (four, and there are more) Suggestions From One In the Muck of 2009 Insurance Claims and Controversies

Most insurance opponents find it amusing when I explain how many places I have been in a week. If they only knew how many matters I have "touched" in a day they would fully appreciate how hard I work to protect policyholders. This morning at breakfast, a Zurich attorney asked about my daily schedule and … Continue Reading

Risk Managers, Property Managers and Condominiums Should Consider Wind Deductible And Vacant Property Coverage

The monthly Florida Underwriter is an excellent publication that I read to stay informed about many current issues facing the Florida insurance market. It is also very good at noting significant legal and political issues which impact insurance. Even the advertisements sometime reflect trends of insurance coverage that are significant to our clients. Two coverage issues … Continue Reading

Condominium Boards Especially Need To Insure To Value

The December issue of Florida Community Association Journal ran my article, "Directors and Officers Liability Coverage: What Every Board of Directors Member Needs to Know."  While I am certain that many think the only insurance law we practice is property insurance, our firm handles a variety of first and third party insurance coverage disputes and … Continue Reading