Insurance policy language generally insures only what the condominium documents provide, not what state laws require. Having insufficient insurance can cost associations LOTS.
Insufficient Insurance Costs Association LOTS!!! Read More »
In Wisconsin condominium associations are required to insure all of the property (other than the personal property) of the unit owners. (See, Sections 703.17(1) and 703.02(14) Wis. Stat). Many unit owners worry (needlessly I would contend) that their neighbors have improved their unit more than they have and then argue that they don’t want to
Free Money from your Association Insurer Read More »
Truck Insurance Exchange v. Ullman, –N.E.3d – (2023), 2023 IL APP (1st) 220804 What you need to know:
The Risk of Being Under Insured Read More »
Condominium associations and homeowner associations are sued every day. These suits can arise based on construction claims, contract claims, negligence claims and various alleged statutory violations – We all know about the Fair House Act! Or the Wisconsin (or whatever state you are in) Consumer Act! Associations seem to attract people who feel that they
Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW? Read More »
FACTS David Jensen, a longtime municipal judge, respected civil servant, and owner of an insurance company embezzled more than $40,000 from his homeowner’s association (HOA) in the last three years. This is the second case of this nature in Wisconsin that I have seen in the last four years. How did the HOA discover the
Director & Officer Theft of Funds–Your Community Association Needs Fidelity Insurance Read More »
Summary An insurance company can’t sue a condominium tenant in subrogation, even if they were negligent in starting a fire. The Facts The Declaration required the association to “obtain and maintain a … policy of all risk property insurance” for the association. The Declaration also required the policy to name as insureds the unit owners
Insurance Subrogation – Not Against A Condominium Tenant Read More »
What happens when a fire caused within a condominium unit destroys that unit, some common area, and damages other units? It becomes an expensive situation for the association. Even though insurance should pay for all of the damages, the association’s insurance premiums going forward could increase dramatically. This is exactly what happened to a small condominium
Unit Fire Increases Association Insurance Premiums Read More »
Issue: If your association was destroyed by fire or some other hazard, and it did not make sense to rebuild, how would the funds be divided? Problem. Odds are that you don’t know the answer. The fact that you don’t know should scare you. Is every unit in your association worth the same amount? I
Facts In 2014, Kato purchased a unit at an association, thereby becoming a member of the association. Kato also joined the board and became its President/Treasurer. Later that year, Kato’s unit, and two other units in the association were destroyed by fire. The association collected the insurance proceeds from the loss, but decided not to
Former Association Member Can’t Sue for Breach of Fiduciary Duty Read More »
Facts: The facts in the case of Forrest v. The Ville St. John Owners’ Association, Inc., No. 2018-CA-0175 (La. Ct. App. Nov. 7, 2018) are straightforward. In March of 2016 there was a fire. It damaged common element and the Forrest unit. The Association had two insurance policies: one for Property and one for Community
Insurance is NOT all the Same-Another Case Proving Why You Need an Insurance Committee Read More »
