Again: in some states you are REQUIRED to carry it. It is not an option.What happens if the board doesn’t purchase it?
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Again: in some states you are REQUIRED to carry it. It is not an option.What happens if the board doesn’t purchase it?
Then they're SOL.What happens if the board doesn’t purchase it?
If only there were a way to see if there was a shed in the yard, without entering his property…Our HOA went through the "shed wars" a few years ago.
It also became known that one board member secretly had a backyard shed, but there was no way to see it unless you were actually in his backyard.
Again: in some states you are REQUIRED to carry it. It is not an option.
Then they're SOL.
I'm not sure if it's required in Fl. It's required in California. There's no civil penalty for not having a policy, but there's liability for failing to obtain it as it's considered a fiduciary duty.
You are not following me. What would happen if a board did not purchase the required insurance? Who would notice? When somebody noticed, what would they do?
The management company (required by the state of CA) would notice. And would notify the HOA members of that gap.
But, since FL does not require independent management companies in their state, then maybe that's something they should consider "plugging the holes on"....
Then they're SOL.
I'm not sure if it's required in Fl. It's required in California. There's no civil penalty for not having a policy, but there's liability for failing to obtain it as it's considered a fiduciary duty.
The management company (required by the state of CA) would notice. And would notify the HOA members of that gap.
But, since FL does not require independent management companies in their state, then maybe that's something they should consider "plugging the holes on"....
Nothing wrong with a well run HOA. Keeps the neighborhood from becoming a lawless, anything goes hell hole.An easier fix is to outlaw HOAs.
An easier fix is to outlaw HOAs.
Yes, they will, if the Board is violating it's own rules AND state laws. In fact, they may be REQUIRED to do so if they learn about it, to avoid their own liabilities.No way a PMC would skip the board and communicate directly to the homeowners.
And that is IF (a big IF in this industry) the PMC (or, more precisely, the local manager at that association) is competent.
Again, this all depends on where you live.If you are are saying "the homeowners" are SOL you are correct.
This is my point. Nobody is actively policing any of this. If the board didn't purchase required insurance, there is an excellent chance that not a single homeowner would even know. And if some homeowner took the initiative to look into it, and discovered the problem, unless they hire an attorney then nothing else will happen.
Just because there are laws and rules, doesn't mean they are being followed. IME a significant number of rules and laws are ignored with zero repurcussion. Certainly some state are worse than others, and some associations are better than others. But when you see a story like this, it would not make sense to assume the HOA has insurance to protect the homeowners.
Yes less government means less to oversee, Mr. ObviousWeird coincidence here how residents in a Red State that supports a party which actively tries to remove oversight and whistleblower protections would have this happen....
Remember that much of "less government" means "less oversight" and a bigger opportunity for things like this to happen. And you have an entire HOA Board of people doing this, because they could not launder the money if other Board members were doing their jobs in getting competing bids on things.
I guess if you elect grifters and idiots to your HOA Board, you should expect the same results as when you elect them as your State and Federal representatives...
Yes, they will, if the Board is violating it's own rules AND state laws. In fact, they may be REQUIRED to do so if they learn about it, to avoid their own liabilities.
Yes, they will, if the Board is violating it's own rules AND state laws. In fact, they may be REQUIRED to do so if they learn about it, to avoid their own liabilities.
Again, this all depends on where you live.
In California, HOAs are required to disclose annually what insurance coverages they have in place, the carrier information, as well as the broker contact. So it's pretty easy for a homeowner to know if there's insurance, as well as how to verify it.
And a lot of HOA attorneys (homeowner attorneys) will only charge a contingency fee where you only pay if you win. Suing an HOA is extremely easy.
So, talented thieves then...
No. They oversee our common areas and general area, keeping the area great to live in and keeps house values up.
Then the granny Karen will yell at you while taking photos of your wrong color pool noodle at the undersized community pool. After peeling out in triumph, she'll hop her golf cart, sipping a wine spritzer from a bedazzled, yeti tumbler, unsuccessfully hiding a menthol Virginia Slim. A brief grin of a job well done quickly transforms into a squint of determination, as she swerves on towards her next victory.What happens if the board doesn’t purchase it?
And easier to grift people not paying attention.Yes less government means less to oversee
The PMC serves the Board AND the constituents.The PMC is not the board’s legal representative.
No "police force" is responsible for making sure HOAs follow the law.The difference is that there are no cops looking to make sure HOAs follow the law.
NOT if the Board is committing the violations, themselves.If the PMC informs the board of the problem they have fulfilled their duty within their authority.
The PMC serves the Board AND the constituents.
And LEGALLY must follow the laws and bylaws of the HOA. If the Board gives them tasks that aren't legal or are ethical breaches of their covenants, they can quit, too. AND notify the entire community. In fact, if they suspect fraudulent activity going on, they'd be remiss in NOT informing the community.
Better than most by a mile. I couldn’t live anywhere else.What a shithole state.
Now that is clever. It probably wasn't on purpose, but, kudos to you anyway.Get off your cross
For such a large HOA, would an insurance company require audits? If so, the chance they have it is slim to none because those in control wouldn't want the exposure.Let’s just hope that the Board actually obtained the insurance package and paid for it.
We live in a townhouse community and I wouldn't live here without an HOA. The first house I bought was in a first time buyer type neighborhood and we didn't have an HOA. I about cry when I drive through there now because of how crappy it looks.I think the "home value" argument for HOAs is dubious.
No. State law requires audits.For such a large HOA, would an insurance company require audits? If so, the chance they have it is slim to none because those in control wouldn't want the exposure.
That’s not uncommon.Ours just added mandatory fee's for just submitting requests...put in a pool/patio ect $300 for a pool...$50 for a tree.
I'm wondering what I pay my HOA fees for
It’s required.Then they're SOL.
I'm not sure if it's required in Fl. It's required in California. There's no civil penalty for not having a policy, but there's liability for failing to obtain it as it's considered a fiduciary duty.
That’s not uncommon.
Ouch. I wonder who was doing the audits?No. State law requires audits.