Property Insurance insures against physical loss or damage by fire or other risks to buildings or other common area improvements. The amount of insurance should equal the actual replacement cost of the buildings. Boards and managers should discuss this with the Association's insurance broker to ensure that the property is adequately insured.
Commercial General Liability (CGL) insurance protects members for damages sustained in the common areas, such as slips and falls. California requires a minimum of $2,000,000 per occurrence for Associations with 100 or fewer units and $3,000,000 per occurrence for Associations with more than 100 units. These minimums may not be enough to properly protect your Association, so Boards and managers should discuss this with the Association's insurance broker.
Directors and Officers (D&O) Insurance protects volunteers from personal liability for decisions they make while on the board. D&O insurance is in addition to the association's general liability policy and covers board negligence, breach of fiduciary duties, etc. California requires a minimum of $500,000 for Associations with 100 or fewer units and $1,000,000 for Associations with more than 100 units.
An umbrella policy is an additional layer of insurance above the primary policy. It provides excess coverage once the underlying policy has been exhausted. For example, if an association has a $2 million general liability policy and settles a claim for $3 million, the primary policy pays $2 million and the umbrella pays the remaining $1 million. In addition to providing excess coverage, umbrellas often fill gaps that may exist in the underlying policy. They are usually broader in their coverage and in most cases, but not all, extend to D&O issues as well as the employer's liability portion of the association's worker's compensation coverage.
Workers' Compensation insurance provides wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence. Associations that have employees are required by law to carry this coverage, and even Associations with no employees should consider it, as vendors hired to perform services at the property who are not properly insured can be considered "employees" of the Association in the event of an injury. Boards and managers should discuss the necessity of this coverage with their insurance broker.
Beginning January 1, 2019, associations are required to carry a fidelity bond in an amount equal to the reserve account balance plus three months operating income. This is an insurance policy that covers employee dishonesty (fidelity) plus non-employee theft. Employee dishonesty coverage protects an association against dishonest acts such as embezzlement committed by an employee as defined by the policy. In a common interest development, the definition of “employee” must be broadened to include the board of directors as non-compensated employees of the association, as well as the community manager and management company.
This coverage pays for loss or damage caused by water that backs up or overflows from your sewer or drain or
enters into and overflows from a sump pump or any other system designed to remove subsurface
water from a foundation area. This coverage is important for condominium style Associations as older plumbing and improper use of the drain system can result in water damage affecting multiple units in a stack.
This coverage pays for direct physical
loss to any of the following types of property contained within a residential unit: Fixtures, improvements and alterations that are a part of the building or structure; and Permanently installed appliances, such as those used for refrigerating, ventilating, cooking,
dishwashing, laundering, security or housekeeping.
It is important that Boards and their managers review the insurance requirements in the Association's CC&R's and ensure that their insurance policy includes this "walls-in" endorsement.
Equipment Breakdown (also known as "Boiler and Machinery") is typically an endorsement to Property Insurance coverage that protects against financial loss from the sudden and accidental breakdown of boilers, pressure vessels and pressure pipes, elevators, sump pumps and pool equipment.
This coverage pays for Bodily Injury or Property Damage arising out of the maintenance or use of a hired
automobile in the course of business by the insured or an employee, or the use of a non-owned
automobile in the business by any person other than the insured. Associations should consider adding this endorsement to their Property Insurance Policy to cover cars, trucks or maintenance vehicles driven on your property by employees as well as the personal vehicles of board members that are used when they are conducting association business off the premises.
Earthquake insurance is available to Associations in California and while it can be expensive and have high deductibles, Boards and their managers should seriously consider the Pros and Cons of obtaining this coverage. Does your Association want to take the risk that all unit owners will be able to afford the large special assessment needed to rebuild in the event of a catastrophic earthquake? Do you really want to wait until it's too late? Have us at your next Board meeting and we will present the coverage options available to you and help you understand it's Pros and Cons.
Many Association governing documents require unit owners to obtain an Owner (HO6) Policy. This is like a traditional homeowners policy but does not cover the building structure, rather the individual unit improvements, like flooring, cabinets, and appliances; as well as the unit owners personal property. It will also cover the unit owner's personal liability, loss of use, and loss assessment in the event of a covered loss. Our agency can provide your Association owners with this coverage on an individual basis as well.
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