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HOA Insurance - Directors and Officers (D&O) Liability Insurance

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Every director and officer of a homeowner association board has personal responsibility for HOA business. The basic purpose of Directors and Officers insurance is to protect directors and officers from claims made because of wrongful (or allegedly wrongful) acts or omissions made while acting in their individual or collective capacity on behalf of the homeowners association.

General liability insurance will not protect directors and officers in the same way. This insurance is to cover against third party bodily injury and property damage. Directors and Officers insurance covers against third party financial damages and other claims not covered under General liability.

Here's a list of scenarios in which directors and officers have liability:

  • Continuing a wrongful practice after learning it's wrong

  • Libel or slander

  • Failing to pay HOA debts in a timely manner

  • Improper management resulting in losses

  • Receiving personal gain while performing as director or officer

  • Making decisions based on adequate information and advised judgment

  • Ignorance of HOA books and records

  • Verifying content of official documents before signing

  • Obedience to the governing documents

  • Self dealing

  • Aiding and abetting illegal actions of others

  • Conflict of interest

  • Carelessness in conducting business or legal matters

  • Failing to see what could be seen by merely looking

  • Inducing intentional or careless wrongdoing

  • Ignoring statutory or regulatory requirements

  • Insufficient oversight of officers or employees

  • Nondisclosure of questionable or unlawful actions

  • Willful wrongdoing

    Because of all these traps and pitfalls a director or officer could fall into, D&O insurance should never be optional. No one should serve on a board without it unless, of course, you have absolutely nothing to lose. I personally don't know one person that doesn't. Do D&O.

  • What is a condo association master insurance policy?

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    COMMENTS

    So is this the type of insurance a board is to keep if they make a major mistake? Let me give you an example. Let’s say a home owner has water damage due to a failed water pipe in the common areas of the building, this pipe is an individually metered line for only one of the units and NOT a common line. 
     
    1. The home owners insurance will only cover plumbing problems inside the load baring walls of his unit and not the utilities lines to the unit outside. 
     
    2. The board collectively refuses to allow the home owner to fill a clam with HOA insurance stating that the utility line that provides “exclusive service” to the home owners unit are the owner’s responsibility and not the HOA. (Even thou there policy will cover it, there trying to save money by not filling a clam ) 
     
    3. The home owner sues the board for damages and for failing to allow them access to the insurance (that THEY are paying into every month) to cover costs. 
     
    Is this the type of use of this policy? And also can this result in an immediate cancellation of the policy by the insurance company because they feel the board is engaging in “high risk” behavior? 

    posted @ Friday, August 21, 2009 11:23 AM by Wolfmanjeffrey


    our condo has 93 units & ~budget of ~200K. 5 Directors are paid $165/mo. No one is a lic. CAM. Appears violation of FS 468.431 & 61B 23.001. I am not on board. 
     
    D&O insurance valid??? I see my condo owners ins HO 6 would exclude

    posted @ Saturday, October 31, 2009 12:58 PM by brent wenkstern


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