HOA claims to insurance company

Tamara, usually not. All claims should be approved by the Board. However, in Colorado under SB05-100 they could. The next year SB06-89 corrected this legislative blunder.

A tenant is NOT a member of the HOA. The owner is. So if there are any insurance claims to be made, it has to go through the owner. As far as the going to the HOA insurance company, the owner's own insurance company should do that. That's usually how claims are done. I don't know what claim your wanting to file, but it most likely will have to go through your own homeowner's insurance policy as well.

The HOA's insurance represents the GROUP of homeowner's and NOT the individual homeowner. So I highly doubt the HOA insurance will be dealing with an individual homeowner's claim without the boards approval or notice. Plus, the insurance of a HOA is usually ONLY liability insurance. It doesn't cover what you may think it does. Matter of fact, it hardly covers anything at all from my own experience.

You may hate your BOD but if you have a claim, they should know about it regardless. Your setting yourself up for more pain and aggrevation if you try to hide things. It's best to fact the issue head-on.

Melissa, for clarification your reply only applies for single family homes on individual lots. It does no apply for HOAs which are townhome or condo communities where the buildings are part of the common area. In such communities property insurance is critical. I think you are may only be referring to D&O liability insurance.

I don't think so Brad. You would contact the association who would decide whether to contact their insurance agent (they should) or handle it directly. Your claim would be against the association, not the insurance company, even though they would probably handle it.

Example, instead of hitting you, the light pole hits the fender of your car. Repair cost $900. The association's deductible would be more than that, and also, they would probably prefer to cover it directly, rather than have the claim on their record. Insurance premiums are going up fast enough.

Joe

I said "IF you hate your board". I didn't say they DID hate their board. Someone NOT willing to contact their board on such major issues as a possible insurance claim, doesn't seem like a person who has a "good" relationship with their board. There has to be a reason why you wouldn't communicate to your board on any issue. That may be that you don't trust or do not like dealing with your board. The post just didn't provide enough detail to determine their relationship with their BOD/HOA.

If a lamppost fell on a person or a vehicle and caused damage, it would depend on where on the HOA's property this occurred. It may be a claim on the victim's individual homeowner's policy, the homeowner's insurance where the accident occurred, HOA's insurance, or even the city/county's insurance.

If the street are public and the lampposts maintained by the city/county, then they could be blamed. If a board member was paid to repair the lamppost and it fell due to his/her negligence, it could be the HOA's. (Neglect of maintenance included). If the lammpost was installed by the homeowner, then they could be responsible. If the victim was climbing the lamppost at the time of the accident, they may be considered at fault.

Most of the time, insurance claims are settled amongst the insurance companies. They always have a way to pass the buck amongst eachother or to the homeowner.

Yes Brad, you have the right, but individual owners don't have a relationship with the association's insurance company. The association, as an entity does, through its elected board, or designated agent (management). Your claim is against the association, not their insurance. The association may choose to use their insurance to settle your claim. You said it, even if you went to the agent, they would have to go to the association first, before acting on your issue. Yes, I know you can go to the agent, but they have no responsibility to respond to you as an individual. So why wouldn't you do it as its supposed to handled?

Joe

You first have to contact the Board in Colorado BradP. The following is the insurance section of the Colorado Common Interest Ownership ACT (CCIOA) as of 1/1/07. Only during calendar year 2006 is what you said true.

SB06-89
SECTION 16. 10-4-110.8 (5), Colorado Revised Statutes, is amended to read:
10-4-110.8. Homeowner's insurance - prohibited practices - definitions. (
5) (a) In a common interest community, as defined in 14 section 38-33.3-103 (8), C.R.S., a unit owner may file a claim against the policy of the unit owner's association to the same extent, and with the same effect, as if the unit owner were an additional A named insured IF THE FOLLOWING CONDITIONS ARE MET:
(I) THE UNIT OWNER HAS CONTACTED THE EXECUTIVE BOARD OR THE ASSOCIATION'S MANAGING AGENT IN WRITING, AND IN ACCORDANCE WITH ANY APPLICABLE ASSOCIATION POLICIES OR PROCEDURES FOR OWNER-INITIATED INSURANCE CLAIMS, REGARDING THE SUBJECT MATTER OF THE CLAIM;
(II) THE UNIT OWNER HAS GIVEN THE ASSOCIATION AT LEAST FIFTEEN DAYS TO RESPOND IN WRITING, AND, IF SO REQUESTED, HAS GIVEN THE ASSOCIATION'S AGENT A REASONABLE OPPORTUNITY TO INSPECT THE DAMAGE; AND
(III) THE SUBJECT MATTER OF THE CLAIM FALLS WITHIN THE ASSOCIATION'S INSURANCE RESPONSIBILITIES.
5) (b) THE ASSOCIATION'S INSURER, WHEN DETERMINING PREMIUMS TO BE CHARGED TO THE ASSOCIATION, SHALL NOT TAKE INTO ACCOUNT ANY REQUEST BY A UNIT OWNER FOR A CLARIFICATION OF COVERAGE.

You are the HOA. If you sue the HOA you are sueing yourself.

correction, I am NOT going to eat that kind of a bill.

JoeF, are you aware of the insurance requirements in SB06-89? Read my post on this thread.