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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Insurance

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Condominium Association Must Repair Air Conditioning Lightning Damage

Posted in Budgets, Reserves & Financial, Hurricane/Disaster Issues, Insurance, Maintenance & Repair

Question: Recently, the outdoor air conditioning unit servicing my condominium unit was struck by lightning. I turned the claim into my insurance policy. My insurance carrier denied the claim stating that it does not insure the air conditioning unit, and that the air conditioning unit is supposed to be insured by the condominium association under… Continue Reading

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

The 5 Most Frequently Asked Questions About Florida Fire Sprinkler Retrofits

Posted in Fire Sprinklers, Hurricane/Disaster Issues, Insurance, Liability, Material Alteration

As the 12/31/16 deadline for Florida high-rises to opt out of a full sprinkler retrofit looms large, the confusion regarding which multifamily buildings should opt out, why and what the consequences of that opt out vote will be escalates. Here are the top five questions I’ve been asked over the last several months from condominium… Continue Reading

Hurricane Shutters and Florida Condominiums

Posted in Hurricane/Disaster Issues, Insurance, Rules & Regulations

Question: I am preparing to return to my northern home for the summer and intend to deploy the hurricane shutters on my condominium unit. However, the association is advising me that I cannot deploy my hurricane shutters unless there is a storm warning. Is this permissible? (B.M. via e-mail) Answer: Since hurricane season began on… Continue Reading

2016 Legal Update & Special Insider Look At Insurance For Community Associations

Posted in Events, Insurance, Legislation

2016 Legal Update Overview of the Major Legislation Adopted in 2015 Impacting Florida’s Community Associations Provider #0000811, Course #9627311, 2 LU credit hours Presented by David Rogel, Esq. and Rosa de la Camara, Esq. In addition to sunshine and tropical storms, we are guaranteed each year in Florida to see changes to the laws governing… Continue Reading

Erika Heads Our Way — Is Your Community Prepared? — CALL Alert for August 27, 2015

Posted in CALL Alert, Hurricane/Disaster Issues, Insurance

With Tropical Storm Erika bearing down upon us and likely to hit our shores over the weekend or early next week, it is important for you to know what to do if your community suffers a property loss due to this storm. There are certain steps you must take to ensure that your insurance claim… Continue Reading

Hurricane Season is here – are you prepared?

Posted in Hurricane/Disaster Issues, Insurance

This checklist is just the start.  Please download our comprehensive Hurricane Preparedness and Recovery Guide for information regarding disaster mitigation, securing insurance proceeds, compliance with typical policy requirements, restoration of the property and planning needs. 1. Disaster Plan – Do a risk analysis of potential consequences of a storm and develop a complete disaster plan, designating a responsible… Continue Reading

Condominium Flood Insurance Obligations Subject To Debate

Posted in Insurance, Operations, Reader Q&A

Question: I live in a 12 unit condominium. Our declaration of condominium provides that the flood insurance “may be purchased if the association so elects.”  The association currently carries flood insurance, but 9 of the 12 owners would like for the association to discontinue this policy. Is there a state law that requires the association… Continue Reading

Tampa Seminar: Hurricane Amnesia – Disaster Planning & The Reality of Insurance Claim Outcomes

Posted in Education, Events, Hurricane/Disaster Issues, Insurance

It has been years since Florida has been impacted by a major windstorm event, which is fortunate for us as property and business owners but does nothing to remind board members and managers of the importance of proper disaster planning before it is needed. The statewide community association law firm of Becker & Poliakoff and… Continue Reading

Insurance Claim Seminar in Ft. Lauderdale on September 18, 2014

Posted in Events, Hurricane/Disaster Issues, Insurance, Uncategorized

The Most Common Community Association Directors & Officers Claims Insurance industry Expert, Joel Meskin, VP of Community Association Insurance & Risk Management at the McGowan Companies will be making a special guest appearance in Florida to discuss the do’s and don’ts of properly insuring and protecting your board of directors from lawsuits and losses. The… Continue Reading

Community Update 2014, Volume 5

Posted in Community Update, Construction Issues & Contractual Disputes, Insurance

Our legislative town halls have provided active community leaders with insights into the new laws that impact community association operations. Over 100 people attended the session held in Fort Lauderdale where the panel consisted of no less than six (6) local legislators. CALL partnered with Biscayne Neighborhood Association, Brickell Homeowners Association, and Downtown Neighbors Alliance… Continue Reading

Recently Signed House Bill 807 Addresses Abandoned Condominium Units and other Condo & HOA Issues

Posted in Insurance, Legislation, Operations, Reader Q&A

This year was a fairly busy one in Tallahassee, with several Bills of interest passing out of the Legislature. Technically, Bills do not become law until after they are sent to the Governor, who then has the option to either sign the Bill, veto it, or take no action. When the Governor takes no action,… Continue Reading

Do Condo “Resident Vendors” Require Proof of Insurance?

Posted in Insurance, Reader Q&A

Question: Our condominium association uses both residents and non-residents as vendors to provide a variety of services to our association. Non-resident vendors are required to provide proof of insurance but some resident vendors are not required to provide proof of insurance. How should the association handle insurance by resident vendors? K.W. (via e-mail) Answer: As… Continue Reading

HOAs and Condo Associations Might Consider Workers’ Compensation Policy

Posted in Insurance, Liability, Operations, Reader Q&A

Question: I read your blog of April 3, 2014 Volunteers Can Cause Involuntary Liability For Condos and HOAs. Having a background in insurance, I agree with you about the types of jobs that volunteers should never perform. However, I would point out that one layer of protection associations might consider is a workers’ compensation policy,… Continue Reading

Consumption of Alcohol at Events Can Pose Risks for Associations

Posted in Insurance, Liability, Operations, Reader Q&A

Question: Our association permits the consumption of alcoholic beverages at certain events. What is our liability? T.S. (via e-mail)   Answer: That is a good question, there is no clear guidance in either statutory law or appellate case law. Generally speaking, under what is often called Florida’s Dram Shop Act (Section 768.125 of the Florida… Continue Reading

Volunteers Can Cause Involuntary Liability For Condos and HOAs

Posted in Insurance, Liability, Reader Q&A

Question: Our homeowners’ association was recently informed that our liability insurance does not cover volunteers while they are working for the association. Therefore, the board voted to eliminate all volunteer activities involving manual labor such as pulling weeds, trimming bushes, or laying mulch. What is your view on this? D.L. (via e-mail)   Answer: Volunteers… Continue Reading

Third Committee Week in February Update: Flood Insurance, Subsurface Rights, and Non-Residential Condominiums — CALL Alert for February 21, 2014

Posted in CALL Alert, Insurance, Legislation

After three weeks of committee meetings in Tallahassee, legislators head back to their home districts and will return to Tallahassee for the start of the 2014 Legislative Session on March 4, 2014. The following is a summary of bills of interest that were considered this week. Flood Insurance – Sen. Brandes’ SB 542 was reported… Continue Reading

Senate to hear bill to delay flood insurance rate increases

Posted in Insurance

The flood insurance bill s.1926PCS    is scheduled to be heard today in the Senate.  It has over 30 sponsors from both parties in the Senate and is, according to newspaper reports, expected to pass after consideration of several amendments. The bill delays significant flood insurance rate increases for some property owners and would allow the subsidy to remain in place in… Continue Reading

Self-insuring Condominium Property is Complex and Costly

Posted in Insurance, Reader Q&A

Question:  My condominium association is contemplating self-insuring a garage building. The building is a “fire resistive structure.”  Would self-insuring violate statutory responsibility in any way? A.P. (via e-mail). Answer: As you might imagine, properly insuring condominium property is one of the most important fiduciary responsibilities of an association board. The Florida Condominium Act includes a… Continue Reading

Community Update 2013, Volume 7

Posted in Community Update, Hurricane/Disaster Issues, Insurance

Hope you all enjoyed a relaxing summer and are geared up for the upcoming budget season. Please keep the 2013 Legislative Guides handy and be sure to budget for year-end financial reports required by 2013 legislative changes. 2013 Legislative Guide for Condominiums 2013 Legislative Guide for Cooperatives 2013 Legislative Guide for Homeowners’ Associations Remember to… Continue Reading

Citizens Rate Increases to be Considered–CALL Alert for August 15, 2013

Posted in CALL Alert, Hurricane/Disaster Issues, Insurance

The Florida Office of Insurance Regulation (OIR) will conduct a public hearing to consider proposed rate increases by Citizens Property Insurance on Tuesday, August 20, 2013 at theTampa Convention Center in Tampa,FL (Ballroom D). The hearing is scheduled to begin at 4:00 p.m. The highest proposed rate increase (11.5%) is for condominium associations in the… Continue Reading