One
compelling reason to do annual increases to the community’s budget: The courts' intolerance of delayed
maintenance work. In the last few years,
judges have made it clear that they do not accept excuses for refusing to increase
assessments. One community opted to
discontinue landscaping service, rather than raising dues. Commercial units in the association sued
since this was directly noticeable by their clients. The judge was not happy. A special assessment was ordered. In another community, the Board felt it was
too expensive to repair the exterior of the building, and black mold took
hold. A court order and a million
dollars later, not only was the building repaired at greater expense, but
penalties were tacked on for the Association shirking its duties.
Now another
critical reason prompts us to thoroughly maintain common areas: Cancelled insurance policies.
Insurance
inspectors are tightening up on property reviews, and we have had several
instances in the last few months where the carrier dropped a homeowners
association, or threatened to do so - if action wasn't taken within 90 days to
address basic items such as new roofs and pool resurfacing. And it doesn't stop there - insurers are also dropping property, liability and
directors & officers coverages.
Unless your
community's bank account is flush with millions of dollars, the above should be
terrifying. Without insurance to
personally protect you, no intelligent person willingly serves on a Board of
Directors. Next, all mortgage lending dries up, since a master insurance policy
is a basic requirement. Things snowball
from there.
An insurance
inspector will not be fooled by substandard work resulting from ‘going
cheap’. Boards of Directors can no
longer push for cutthroat contract rates and refuse to increase assessments over
two or three years.
The best
course of action is educating your homeowners on the above. Share with them the basic conclusions of your
engineering study, analyzing the life expectancy and replacement cost for big
ticket items. Items such as road
resurfacing, detention pond maintenance, clubhouse renovation, sewer line
repairs and tree replacement can’t be neglected.
Bottom line - Uninsured is
unacceptable.
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