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	<title>HOA Insurance .com</title>
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	<description>Condo Association Insurance Info for California Homeowners Associations - Free HOA Insurance Advice for Board Members &#38; Property Mgrs - Master Policy, Fire, Earthquake, Liability Quotes</description>
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		<title>California HOAs Need Workers Compensation Insurance to Protect Association from Claims</title>
		<link>http://www.hoainsurance.com/2010/california-hoas-workers-compensation-insurance/</link>
		<comments>http://www.hoainsurance.com/2010/california-hoas-workers-compensation-insurance/#comments</comments>
		<pubDate>Fri, 02 Apr 2010 18:15:04 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features 2]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[CA hoa]]></category>
		<category><![CDATA[contractor]]></category>
		<category><![CDATA[HOA insurance gap]]></category>
		<category><![CDATA[unlicensed contractors]]></category>
		<category><![CDATA[work comp claims]]></category>
		<category><![CDATA[Workers Compensation]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=397</guid>
		<description><![CDATA[Decision by the CA Court of Appeals means your  HOA could be held liable for workers compensation benefits to an injured worker employed by an uninsured and unlicensed contractor.]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><strong>Appeals Court Ruling Leaves HOAs vulnerable to Workers Comp Claims</strong></p>
<p style="text-align: left;"><strong><strong>If you and your association are under the false impression that you don’t need work comp insurance because you don’t have anyone on payroll, think again because you could be in for a nasty surprise. Just ask the Montana Villa Homeowners Association who are now facing a back-breaking settlement which could easily reach a sum into the millions.</strong></strong></p>
<p style="text-align: left;"><strong><strong>On April 11th, 2007 the Court of Appeals issued a far-reaching decision in the Heiman vs. Workers Compensation Appeals Board case which could establish future precedent for HOA associations. The ruling means your association could possibly be held liable to pay workers compensation benefits to an injured worker employed by an uninsured and unlicensed contractor. <img class="alignright size-full wp-image-407" title="electrician_charred_lg_wht" src="http://www.hoainsurance.com/wp-content/uploads/2009/07/electrician_charred_lg_wht.gif" alt="electrician_charred_lg_wht" width="133" height="238" /><br />
</strong></strong></p>
<p style="text-align: left;"><strong><strong>How did this happen?</strong><strong> The association, after reviewing three bids to install rain gutters, decided to go with the lowest  bid ($1050 for a 2 day job)  and hire Rubes Rain Gutter Service (who happened to be uninsured and unlicensed) . Rubes then hired, Freddy Aguilera, a day laborer to perform some of the work for $65 a day. On the first day of the job, Mr. Aguilera touched a high voltage power line with the metal rain gutter and was  severely injured,  leaving him  90% permanently partially disabled.   (In basic English this means you owe the injured employee 90% of his future earning potential plus 100% of all injury related medical bills) The Work Comp Appeals board originally found that only the property manager was jointly liable with the contractor for the paying the injured workers. The property manager’s work comp carrier, State Fund, appealed the decision. The court of appeals reversed the decision and found that the association was also jointly liable for paying the injuries.</strong></strong></p>
<p style="text-align: left;"><strong><strong>Is your association at risk?<br />
1)    Do your property manager and association require all contractors to provide proof of license and insurance when bidding for jobs?<br />
2)    Are you and your property manager hiring only licensed and insured contractors for all jobs (no matter how small?)<br />
3)    Can you be absolutely sure that your pre-approved contractor has not allowed a lapse in license or insurance coverage at any time during and up to the completion of the work?</strong></strong></p>
<p style="text-align: left;"><strong><strong>If any answer is ‘no” you may not have the systems needed to fully protect your association!</strong></strong></p>
<p style="text-align: left;"><strong><strong>Practical implications:<br />
It is not uncommon for associations to hire unlicensed and uninsured contractors to perform activities such as landscaping and gardening. If a vendor is uninsured at the time he is performing services at your premises you become the de facto employer for that vendor and his employees.  If he or any of his employees get injured while working at your association you are now responsible for paying for those injuries.   There are only two ways to eliminate this exposure:   1. Make sure that your vendors are licensed and insured as of the day they walk on to your premises. 2. Purchase workers compensation insurance, like every other employer in the state.  If you choose not to buy coverage, and you do not aggressively check for insurance, you are accepting a possible expense that can be hundreds of thousands dollars, when a vendor’s employee gets hurt at your association.</strong></strong></p>
<p style="text-align: center;"><a href="http://www.hoainsurance.com/hoa-resources/hoa-insurance-claims-prevention-checklist/" target="_blank"> <strong>CLICK HERE for HOA Work Comp Insurance Claims Prevention Checklist</strong></a></p>
<p style="text-align: left;"><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/property-managers-california-hoa-budget-problem/' rel='bookmark' title='Permanent Link: Help for Property Managers Under Pressure from CA HOAs with Budget Problems'>Help for Property Managers Under Pressure from CA HOAs with Budget Problems</a></li>
</ol></p>]]></content:encoded>
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		<title>How to Choose the BEST Agent for your California Condo Association Insurance</title>
		<link>http://www.hoainsurance.com/2010/insurance-agency-california-hoa-condo-association/</link>
		<comments>http://www.hoainsurance.com/2010/insurance-agency-california-hoa-condo-association/#comments</comments>
		<pubDate>Thu, 01 Apr 2010 16:22:24 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[association insurance agent]]></category>
		<category><![CDATA[association policy]]></category>
		<category><![CDATA[buying hoa insurance]]></category>
		<category><![CDATA[california hoa insurance]]></category>
		<category><![CDATA[earthquake insurance]]></category>
		<category><![CDATA[hoa insurance]]></category>
		<category><![CDATA[hoa insurance agent]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=309</guid>
		<description><![CDATA[Consumer checklist to help California HOAs choose an agent for Association insurance who will check CC&#038;rs for compliance with David Sterling Act, Multi-bid for lowest prices, creatively structure earthquake]]></description>
			<content:encoded><![CDATA[<p><span style="color: #000000;"><strong>21 Things you MUST Think About Before Selecting Your Insurance Agency or Paying Your Next Bill!</strong></span></p>
<p>If you are insured by any &#8220;other&#8221; agent, Ask yourself these very important questions:</p>
<table style="height: 707px;" dir="ltr" border="0" cellspacing="0" cellpadding="0" width="749">
<tbody>
<tr>
<td style="text-align: center;" colspan="2" width="660" height="34" valign="top"><strong>DOES YOUR CURRENT AGENT DO ALL OF THESE THINGS FOR YOU ?</strong></td>
<td width="48" height="34" valign="top">YES</td>
<td width="41" height="34" valign="top">NO</td>
</tr>
<tr>
<td width="53" height="31">1</td>
<td width="607" height="31">MAKE SURE YOUR INSURANCE COMPLIES WITH YOUR CC&amp;Rs &amp; DAVIS STIRLING ACT</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">2</td>
<td width="607" height="30">MAKE SURE that YOU, AS BOARD MEMBER, are Properly Protected From Owner Lawsuits</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="30">3</td>
<td width="607" height="30">USE CREATIVE Structuring of Coverages so Earthquake Insurance is  Affordable to Your HOA</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">4</td>
<td width="607" height="31">Give you FREE the Liability Reduction System ($275 value) to Help Prevent Unnecessary Claims</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">5</td>
<td width="607" height="30">HAVE LIVE PEOPLE ANSWER THE PHONE ( No Automated Phone Maze to Get Your Answers )</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">6</td>
<td width="607" height="31">SPECIALIZE IN HANDLING THE COMPLEXITIES OF CONDO ASSOCIATION INSURANCE</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">7</td>
<td width="607" height="30">REMARKET Your Account Each Year (Taking Advantage of Market Changes &amp; Avail. Discounts)</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">8</td>
<td width="607" height="31">Present you with FREE Condominium Bluebook ($24.95 value) an Invaluable Reference for HOAs</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">9</td>
<td width="607" height="30">LOOK OUT FOR YOUR INTERESTS and Not Those of an Affiliated Insurance Company</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">10</td>
<td width="607" height="31">PROVIDE EASY-TO-UNDERSTAND Proposals with Your Insurance Coverages Clearly Outlined</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">11</td>
<td width="607" height="30">DELIVER RENEWALS in a Timely Fashion Allowing You Time to Make Decisions &amp; Budget Your $$</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">12</td>
<td width="607" height="31">Educate You on LITTLE KNOWN STRATEGIES to Help Your HOA help Contain Your Costs</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">13</td>
<td width="607" height="30">DO WHAT’S BEST FOR YOU &#8211; Even if  it Means Sending You to Another Agent</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="30">14</td>
<td width="607" height="30">Offer FREE GUIDANCE &amp; ADVICE Any Time You Have an Insurance Question</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">15</td>
<td width="607" height="31">Keep a Strong, Gifted Staff to Handle ALL of Your Insurance Requests</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">16</td>
<td width="607" height="30">Offer FREE WRITTEN REPORTS Relating Insurance News &amp; Statutory Changes Affecting Your COA</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">17</td>
<td width="607" height="31">ANNUALLY REVIEW ALL YOUR POLICIES for Gaps and Coverage</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">18</td>
<td width="607" height="30">Deliver Many ALTERNATIVES not One Quote-One Price  like captives ( i.e. Farmers, Allstate)</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">19</td>
<td width="607" height="31">Get  new Associations  to switch agents each month due to the SUPERIOR SERVICE GIVEN TO THEM</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td width="53" height="30">20</td>
<td width="607" height="30">Give You a No Pressure &#8211; No Hassle Guarantee</td>
<td width="48" height="30"></td>
<td width="41" height="30"></td>
</tr>
<tr>
<td width="53" height="31">21</td>
<td width="607" height="31">Treat you like a V.I.P.</td>
<td width="48" height="31"></td>
<td width="41" height="31"></td>
</tr>
<tr>
<td style="text-align: center;" colspan="4" width="749" height="34" valign="top"><strong>IF YOU’RE NOT GETTING ALL THE SERVICE ABOVE, CALL (310) 945-3000 NOW</strong></td>
</tr>
</tbody>
</table>
<p><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/insurance-information-association-board-members/' rel='bookmark' title='Permanent Link: Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have'>Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have</a></li>
<li><a href='http://www.hoainsurance.com/2010/property-managers-california-hoa-budget-problem/' rel='bookmark' title='Permanent Link: Help for Property Managers Under Pressure from CA HOAs with Budget Problems'>Help for Property Managers Under Pressure from CA HOAs with Budget Problems</a></li>
</ol></p>]]></content:encoded>
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		<title>Warning!!!  EARTHQUAKE INSURANCE RATES ARE SKYROCKETING UPWARD</title>
		<link>http://www.hoainsurance.com/2010/earthquake-insurance-rates-options/</link>
		<comments>http://www.hoainsurance.com/2010/earthquake-insurance-rates-options/#comments</comments>
		<pubDate>Wed, 17 Mar 2010 06:47:40 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[catastrophe insurance]]></category>
		<category><![CDATA[earthquake insurance rates]]></category>
		<category><![CDATA[Los Angeles insurance]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=536</guid>
		<description><![CDATA[Discussion of unique solutions for HOA associations and property managers coping with sharp price increases for earthquake insurance coverage.]]></description>
			<content:encoded><![CDATA[<h3><span style="color: #03304e;">SOME HOA ASSOCIATIONS ARE GETTING QUOTES THAT ARE UP TO 51% HIGHER THAN THEN THEY WERE EARLY IN 2009!</span></h3>
<h3><strong>Is your condo or homeowners association (HOA) prepared to pay significantly more for insurance coverage this year?<img class="alignright size-full wp-image-544" title="skyrocket_price_lg_clr" src="http://www.hoainsurance.com/wp-content/uploads/2009/07/skyrocket_price_lg_clr.gif" alt="skyrocket_price_lg_clr" width="106" height="198" /></strong></h3>
<p style="text-align: justify;"><strong>I’m sorry to report that my doom and gloom predictions for price hikes are coming to fruition sooner than expected. Due to the rapidly shrinking capacity in the earthquake marketplace, we are starting to see sharp pricing increases similar to those we experienced following hurricane Katrina. This is due in large part to A.M. Best cleaning up its act as a result of widespread criticism following the collapse of AIG etc. As a result, the catastrophe insurers are being scrutinized more closely and are compelled to be more conservative in order to maintain their “A Rating” by A.M. Best. This in turn has forced these insurers to either increase their ‘reinsurance’ (the insurance carriers purchase against the policies they write) or to decrease the amount of exposure they are writing. Many companies have no other choice but to scale back the amount of risk exposure they carry.</strong></p>
<p style="text-align: justify;">I’m sure you are wondering how things got out of hand so quickly, especially since there have been no recent major catastrophe losses. Well, things began to unravel earlier this year when one of the three major players for smaller buildings ($1,500,000 to $10,000,000), Essex, “voluntarily” withdrew from the marketplace. As a result, customers were forced to shift over to the remaining carriers causing things to tighten up considerably. It’s no wonder that ICW and QBE have chosen to hike their prices, increase minimum deductibles in addition to becoming pickier as to which risks they are willing to take on in the first place.</p>
<p style="text-align: justify;">Here’s what’s happening right now in the LA basin:<br />
CASE #1:  West Los Angeles<br />
I quoted an earthquake policy for a 3 story, 9 unit, 1 bldg complex back in February at a price of approximately $10,000. In June the board notified me that they were ready to bind coverage. Unfortunately, when I went back to the carrier to confirm terms they said that pricing had changed and the best they could do was $14,188. This meant a shocking 41% price increase in just 5 months and the board was left scrambling to find a way to come up with the money for this higher premium.<br />
CASE #2:  City of Los Angeles<br />
In March I prepared a quote for a newly constructed 27,000 sq ft, 4 story, 1 bldg association with $4.7 million in coverage for $24,000. In the relatively short time it took the board to get approval from the owners (about two months), the quote had jumped to $28,243. In this instance, the board decided to settle for less coverage ($4 million) for roughly the same price of the original quote.</p>
<p style="text-align: justify;"><strong>So what now?</strong><br />
We strongly suggest that you send a copy of this post or otherwise notify all property managers and boards that the earthquake sector is becoming increasingly volatile and that pricing is heading upward. Associations need to be prepared for possible rate hikes that could make it necessary to come up with thousands of more dollars than are currently budgeted for.</p>
<p style="text-align: justify;">As your risk manager, our door is always open to you if you need up-to-date information, assistance or expert advice on any and all association insurance matters. It is our intent to keep you abreast of any changes in the marketplace that could impact you and your association.</p>
<p style="text-align: justify;">Now is not the time to sit idly by. There are things that can be done to offset some of the imminent price increases.  I will be happy to show you how to restructure your insurance program so that the association is maximizing the benefit unit owners can get from the CEA and using that to control the costs of the association and to get better value for the association.  You can also look to shop the fire insurance. If the association is currently with Farmers or Allstate there are several companies that will offer superior coverage for 30-40% less premium.   If you can get a significant offset to the cost of the package then we can contain the overall insurance budget even though earthquake insurance has gone up.</p>
<h4 style="text-align: justify;">Please call ASAP so I can start working on solutions for your association  (310) 945-3000.</h4>
<p><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>
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<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/is-your-overpriced-insurance-antique-bankrupting-your-condo-association/' rel='bookmark' title='Permanent Link: Is Your Overpriced &#8220;Insurance Antique&#8221; Bankrupting Your Condo Association?'>Is Your Overpriced &#8220;Insurance Antique&#8221; Bankrupting Your Condo Association?</a></li>
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		<title>D&amp;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk</title>
		<link>http://www.hoainsurance.com/2010/directors-officers-liability-threatens-association-boards/</link>
		<comments>http://www.hoainsurance.com/2010/directors-officers-liability-threatens-association-boards/#comments</comments>
		<pubDate>Tue, 16 Mar 2010 01:22:11 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[D&O insurance]]></category>
		<category><![CDATA[D&O Liability coverage]]></category>
		<category><![CDATA[Directors & Officers insurance]]></category>
		<category><![CDATA[Directors & Officers Liability coverage]]></category>
		<category><![CDATA[fatal gap]]></category>
		<category><![CDATA[insurance problem]]></category>

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		<description><![CDATA[California board members unknowingly put personal assets at risk when their HOA's Directors &#038; Officers Liability ( D&#038;O ) policy contains fatal gap in coverage]]></description>
			<content:encoded><![CDATA[<p style="text-align: left;"><strong>One of the most common insurance problems I come across when doing risk evaluations for  associations is a fatal gap in the Directors &amp; Officers Liability coverage. What’s truly frightening is the fact that the board members I speak with often times had no idea that their personal assets have been at risk all along. The reason is that they do carry some type of D&amp;O coverage in the form of either an insufficient add-on coverage or D&amp;O endorsement provided with a package. Unfortunately for them, their current brokers failed to explain that as a board member they would have greater personal exposure due to the limitations and exclusions of their association’s insurance policy.</strong></p>
<p style="text-align: left;">This very disturbing occurrence is not due to any sinister plot but rather;<br />
1) Most agents don’t specialize at insuring condo associations and don’t really know how to properly insure an association<br />
2) Many agents do not take the time to truly understand D&amp;O insurance because it is not a big moneymaker like property and general liability<br />
3) Agents with big captives like State Farm &amp; Allstate etc. can only write their own D&amp;O products no matter how inadequate they are for the client’s needs<br />
4) Some agents try to make things “easier and more convenient” for the board by placing all insurance with one carrier, not understanding the limitations of the contract just sold<br />
5) Some associations may try to save a few pennies by choosing an endorsement over a stand-alone policy costing just a little more money</p>
<p style="text-align: left;"><img class="alignleft size-full wp-image-113" title="handfulofmoney" src="http://www.hoainsurance.com/wp-content/uploads/2009/01/handfulofmoney.gif" alt="handfulofmoney" width="140" height="105" /></p>
<p style="text-align: left;">Now that you know how insufficient coverage gets written in the first place, let me go over some specific holes in coverage that exist in a typical D&amp;O add-on or endorsement.</p>
<p style="text-align: left;"><strong>HOLE #1 &#8211; Matters of Insurance Are Excluded</strong><br />
This exclusion is on each and every one of the Directors and Officers endorsements I’ve read. It’s important because it means that if the board gets sued for having failed to purchase enough coverage or the right coverage for the association, the board is not protected and will need to provide its own defense and settlement. The reason that this exclusion exists on the endorsement is because a carrier does not want to end up covering property or liability claims that it just got done denying on the property or G/L portion of the policy.</p>
<p style="text-align: left;">Here’s an example of how this happens.   For instance, the sewer backs up into one of the units causing $30,000 in damage.  It turns out that the policy either didn’t offer the coverage or it was left off to make the premium cheaper, and now there is a $30,000 uncovered claim. The unit owner that has sustained the damage sues the association for having failed to purchase necessary coverage. The company that just denied the sewer claim will now deny the defense for the lawsuit because matters of insurance are excluded.</p>
<p style="text-align: left;">Another common issue that comes up is that the unit interiors have been insured incorrectly, and now coverage is denied because of it. As a result, the board gets sued for failing to procure the correct insurance; once again the insurance company will deny the claim because of matters of insurance. Believe me these types lawsuits happen more often than you think.  In my experience, I’ve found that unit interior coverage errors occur quite frequently, in large part because most insurance agents either don’t know how or simply don’t take the time to read the association’s CC&amp;Rs.</p>
<p style="text-align: left;"><strong>HOLE #2 &#8211; Property Manager Excluded</strong><br />
Many of the Directors &amp; Officers endorsements that are added-on will only cover those people that are part of the primary named insured.  A property management company is neither an employee nor a member of the board and therefore is not part of the primary name insured.  When the property management company gets added on as an additional insured they are only added to the general liability coverage which does not extend to the D&amp;O coverage.  I know of one of these endorsements that will allow you to add the property manager to the contract, however, the additional premium they charge makes the endorsement more expensive than a superior stand-alone contract would be.</p>
<p style="text-align: left;">Now you may wonder why a property manager needs to be part of an association’s policy in the first place. Well there are two good reasons;<br />
<strong>First</strong>- The actions of the property manager could possibly trigger a suit against the board.  For example, a member asks for all of the minutes for the past three years, and the property manager makes a mistake redacting the minutes and accidentally leaves in an owner’s name in one spot on the minutes.  The board and the property manager get sued for failing to comply with privacy laws.  The manager will get their defense from their E&amp;O insurance but the board will be left providing their own defense because the property manager is not an insured under the endorsement, therefore there is no coverage<br />
<strong>Second-</strong> It’s in your contract with your property manager. Most association management companies require that you name them to your insurance for all forms of liability coverage. D&amp;O endorsements don’t enable you to properly comply with these contracts.  If you and the management company don’t catch this error then you could be in for a nasty surprise later. All it takes is for the board to get sued with the management company getting named as well. Then, guess who has to pay for the property manager’s defense? You and the association get the privilege of footing the bill.</p>
<p style="text-align: left;">If you are a property manager you need to be worried about this as well. Many E&amp;O carriers make you warrant that you have been added to the D&amp;O coverage of all your associations. BEWARE! Allstate and State Farm D&amp;O endorsements will not cover you when a D&amp;O suit happens. (Don’t take my word for it -Ask your agent to get a letter from their claims counsel on the matter and see if I am right) Remember, when you, the manager, do not comply with your warranty, you have triggered  an exclusion in your own E&amp;O policy.</p>
<p style="text-align: left;"><strong>HOLE #3 &#8211; Exclusion of Non-Monetary Damages</strong><br />
Most of the endorsements do not provide coverage for non-monetary suits.  That means that if the board gets for something other than money there is no coverage.   An easy example is that you are being sued to get an injunction to enforce a rule, or to execute repairs and maintenance to the complex.</p>
<p style="text-align: left;"><strong>HOLE # 4- Full Prior Acts Coverage</strong><br />
State Farm, Allstate, and OneBeacon all write their coverage on an Occurrence Basis.  If the D&amp;O coverage that they are replacing is written on a Claims Made Basis, if there is no tail coverage purchased of offered, you are walking away from years of coverage. If a prior board gets sued or the current board is sued for an event that occurred prior to the policy period that you have purchased you have no coverage.  The State Farm, Allstate or OneBeacon endorsements won’t pick up coverage because it didn’t occur during their policy period.  The previous policies will not provide coverage because there is no coverage on a Claims Made policy. Once the policy expires, your coverage is over unless you purchase a tail from your previous carrier.</p>
<p style="text-align: left;">Unfortunately Farmers writes on a Claims Made Basis and does not offer tail coverage for its expiring policies. The only way to properly protect the board is with a policy that provides Full Prior Acts Coverage; an occurrence contract can’t do that. Therefore, you need to purchase separate D&amp;O policy with Full Prior Acts coverage to properly protect the board.</p>
<p style="text-align: left;"><strong>CLOSING THOUGHTS</strong><br />
Without a doubt, a Directors and Officers stand alone policy is far superior to the minimal amount of coverage provided by a package policies D&amp;O endorsement.  However, you must be careful not to be misled by an agent who is unaware of the fine nuances of D&amp;O. If you have an agent that doesn’t know condo insurance, he won’t understand why a seemingly small difference in coverage now can and will cause big trouble later when a claim happens.  If you are dealing with a captive agent such as Farmers, Allstate, State Farm etc., then he/she has no incentive to explain the defects that are in his contract because he only has one contract to sell, and sell he must.  That is why it is important to find an agent with the knowledge and experience who can help you sort out fact from fiction. As condo insurance experts, with a current roster of 178 associations, we can to guide you through all the complexities and help you obtain the correct coverage for your association. If you have any questions and would like a free no obligation insurance risk evaluation, please call us at (310) 945-3000.</p>
<p><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2009/southern-california-association-board-members-and-property-managers-praise-insurance-agent/' rel='bookmark' title='Permanent Link: Southern California Association Board Members and Property Managers Praise Insurance Agent'>Southern California Association Board Members and Property Managers Praise Insurance Agent</a></li>
<li><a href='http://www.hoainsurance.com/2010/insurance-information-association-board-members/' rel='bookmark' title='Permanent Link: Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have'>Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have</a></li>
<li><a href='http://www.hoainsurance.com/2010/7-common-mistakes-association-insurance/' rel='bookmark' title='Permanent Link: 7 Common Mistakes Made by Agents on HOA Insurance'>7 Common Mistakes Made by Agents on HOA Insurance</a></li>
</ol></p>]]></content:encoded>
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		<title>Help for Property Managers Under Pressure from CA HOAs with Budget Problems</title>
		<link>http://www.hoainsurance.com/2010/property-managers-california-hoa-budget-problem/</link>
		<comments>http://www.hoainsurance.com/2010/property-managers-california-hoa-budget-problem/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 23:06:36 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features 2]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[association budget]]></category>
		<category><![CDATA[cost strategies for HOAs]]></category>
		<category><![CDATA[HOA budget]]></category>
		<category><![CDATA[insurance savings]]></category>
		<category><![CDATA[property manager]]></category>

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		<description><![CDATA[Help for condo property managers in California to save money for cash strapped Hoas who need to buy association insurance at the lowest price possible.]]></description>
			<content:encoded><![CDATA[<p style="text-align: left;">ARE YOU UNDER PRESSURE TO STOP THE BLEEDING AS YOUR ASSOCIATIONS LOOK TO SQUEEZE EVERY PENNY FROM ALREADY LEAN BUDGETS ?</p>
<p style="text-align: left;">The Elliot Katzovitz Insurance Agency understands you are under extreme pressure by your boards to cut costs and save every penny imaginable. We sympathize with your pain and thought you’d like to hear some good news for once. Rates are dropping for association insurance and more companies are now writing HOA insurance because they perceive this niche as recession proof. As a matter of fact, we have access to several carriers who are cutting their rates up to 43% so far  in 2009. In addition, we have developed unique strategies for structuring your clients insurance, which can save them up to 50% on their earthquake policy. These are tough times and your clients cannot afford to waste a single dollar, so make sure that you are getting the best value for your client’s insurance dollars.</p>
<p style="text-align: left;">In addition, we pledge:</p>
<p style="text-align: left;">To act as YOUR RISK MANAGER making sure all your clients are insured properly<br />
To REVIEW ALL YOUR CLIENTS POLICES for compliance with CC&amp;Rs, <a href="http://www.hoainsurance.com/wp-content/uploads/2010/03/Davis-Stirling-Act.pdf" target="_blank">Davis-Stirling Act</a>, gaps and coverage mistakes<br />
To DELIVER MULTIPLE PROPOSALS to be sure your client gets the best insurance at a price they can afford<br />
To provide EASY-TO-UNDERSTAND PROPOSALS with your insurance coverage clearly outlined<br />
To provide FREE GUIDANCE &amp; ADVICE any time you have an insurance question<br />
To educate you on LITTLE KNOWN STRATEGIES to help your HOA contain costs<br />
To provide COMPLETED INSURANCE DISCLOSURES so you don’t have to<br />
To PROVIDE CLEAR CONCISE INFORMATION FOR UNIT OWNERS so they can properly insure their units without gaps or overlapping coverage<br />
To DO WHAT’S BEST FOR YOUR CLIENT &#8211; even if it means sending you to another agent<br />
To TREAT YOU LIKE A V.I.P.</p>
<p style="text-align: left;">ALL IT TAKES IS ONE 5 MINUTE PHONE CALL<br />
TO SEE HOW MUCH YOUR ASSOCIATIONS CAN SAVE (310) 945-3000<br />
OR IF YOU PREFER YOU CAN EMAIL OR FAX THE QUICK QUOTE FORM<br />
<strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/directors-officers-liability-threatens-association-boards/' rel='bookmark' title='Permanent Link: D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk'>D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk</a></li>
<li><a href='http://www.hoainsurance.com/2009/southern-california-association-board-members-and-property-managers-praise-insurance-agent/' rel='bookmark' title='Permanent Link: Southern California Association Board Members and Property Managers Praise Insurance Agent'>Southern California Association Board Members and Property Managers Praise Insurance Agent</a></li>
<li><a href='http://www.hoainsurance.com/2010/california-hoas-workers-compensation-insurance/' rel='bookmark' title='Permanent Link: California HOAs Need Workers Compensation Insurance to Protect Association from Claims'>California HOAs Need Workers Compensation Insurance to Protect Association from Claims</a></li>
</ol></p>]]></content:encoded>
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		<title>Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have</title>
		<link>http://www.hoainsurance.com/2010/insurance-information-association-board-members/</link>
		<comments>http://www.hoainsurance.com/2010/insurance-information-association-board-members/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 12:44:40 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features 2]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[association board]]></category>
		<category><![CDATA[bidding association insurance]]></category>
		<category><![CDATA[cc&r]]></category>
		<category><![CDATA[condo insurance agent]]></category>
		<category><![CDATA[condominium insurance agent]]></category>
		<category><![CDATA[davis sterling act]]></category>
		<category><![CDATA[hoa insurance]]></category>
		<category><![CDATA[hoa insurance agent]]></category>
		<category><![CDATA[liquor liability]]></category>
		<category><![CDATA[sewers drains]]></category>

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		<description><![CDATA[Buying tips from an association insurance expert tells you how to avoid overcharges, gaps and missing coverages that could leave your California HOA vulnerable to unnecessary liability risks and financial losses.]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><strong>As a responsible agent and an expert in association insurance, I feel compelled to educate board members on the most common mistakes made by agents when bidding association insurance. If you are not careful, you could end up purchasing a &#8220;Broken Policy&#8221; with overcharges, missing coverages and gaps that can leave you and your association and vulnerable to unnecessary liability risks  and financial losses.<br />
</strong><strong></strong><br />
<strong><br />
1.    Does your policy comply with your CC&amp;Rs? </strong></p>
<p style="text-align: justify;">If your current agent is not an expert in association insurance then he may never have read your association’s CC&amp;Rs.  Even if he did, he may not have understood what they dictated for coverage.  There are no standard rules when it comes to associations and what is required.  The only way to do it properly is to read the insurance clause of the associations CC&amp;Rs and understand how they need to be applied as well as the coverage that they dictate the association purchase.  If your association’s insurance does not properly reflect the coverage that is needed to comply with your CC&amp;Rs, you will find out when the claim happens that you most likely have coverage gaps.  This will create losses that could have and should have been covered.</p>
<p style="text-align: justify;">Here is an example of what I am talking about:</p>
<p style="text-align: justify;">An association’s CC&amp;Rs dictate that the association is responsible for insuring the interiors of the units. The agent writes a policy that excludes the interiors of the units. A pipe breaks causing water leakage in a unit. The master policy denied coverage because the policy excluded the unit interiors. The unit owner then submitted the claim to his carrier and they denied it also because they said they had no responsibility to pay the claim under the association’s CC&amp;Rs. This ended up being a claim that the association got sued over and was forced to pay out of its own pockets.  You don’t want this to be you.</p>
<p style="text-align: justify;"><strong>2.    Does your policy comply with the <a href="http://www.hoainsurance.com/wp-content/uploads/2010/03/Davis-Stirling-Act.pdf" target="_blank">Davis Stirling Act</a>?</strong></p>
<p style="text-align: justify;">Most agents are completely unaware that the State of California has laws that govern the amount of coverage that an association must carry. If an association is not in compliance with the <a href="http://www.hoainsurance.com/hoa-resources/davis-stirling-common-interest-development-act/">Davis-Stirling Act</a>, you could be exposing all of the owners and the individual board members to potentially being sued individually in addition to the association being sued.</p>
<p style="text-align: justify;"><strong>3.    Missing Coverage</strong></p>
<p style="text-align: justify;">Not all contracts are the same.  There are some coverages that are necessary for all associations. There are also coverages that are only necessary for certain associations and not for others. Many of these coverages will probably be meaningless to boards until they have a loss that is not covered because it is missing from their policy. It is many of these coverages that will affect the price of an insurance policy. When an association shops policies it is amazing how many of these coverages are dropped off the contract in order to create a better price. As the saying goes, “you get what you pay for.”  Here are some examples of types of coverage that will be left off contracts and can come back to haunt associations later:</p>
<p style="text-align: justify;">•    Back up of Sewers and Drains – Say, for example, that unit 301 snakes its drains and the clog simply relocates down to unit 101’s plumbing and starts backing up there.  The owner of 101 comes back from his three week vacation to find a foot of sewage throughout his unit.  If the coverage is excluded or extremely limited, you are going to be in big trouble.  This is the 2nd most common form of loss that associations have.<br />
•    Liquor Liability – If your association allows parties that serve alcohol in the common areas of your association, you need this coverage.  This protects you if one of the guests leaves drunk and gets in an accident and a third party sues the association for having allowed him to leave drunk.<br />
•    Boiler and Machinery – This provides coverage for off premises electrical failures as well as the breakdown of association equipment such as elevators.<br />
•    Property manager failing to be added to the Directors and Officers coverage. Please see the “7 Stupidest Claims” article for an example of why this is important.<br />
•    Building Code and Ordinance Coverage – This provides payment for items that are not currently part of the building, but would need to be added in order to rebuild after a claim.  A common example is the need to install a fire sprinkler system in your building.  If you don’t have this coverage you will be paying for it out of your pocket.</p>
<p style="text-align: justify;">These are just a few of the many types of coverage that could be missing from your contract when you are bidding on a policy.</p>
<p style="text-align: justify;"><strong>4.    Replacement Cost </strong></p>
<p style="text-align: justify;">One of the other common errors is evaluating the correct cost of rebuilding your building.  There are two problems that could potentially occur.  Your property could be under valued.  If you do not have enough coverage, your insurance company may reduce the amount it pays you by the percentage that you are underinsured plus a penalty.  If the property is over-insured you are going to be stuck paying for coverage that you don’t need to.</p>
<p style="text-align: justify;">There are only two ways to beat this problem. One is to use an agreed value contract instead of a stated value contract. This shifts the burden of valuation onto the insurance company and away from you.  Two is to have a very accurate Marshall &amp; Swift replacement cost worksheet done for you annually and based on recent construction data. This way you have something to justify your valuation to the insurance company when the claim occurs.<br />
<strong><br />
5. Use an independent broker that specializes in condominium association insurance </strong></p>
<p style="text-align: justify;">You want a professional that is able to evaluate your needs and find you the right policy based upon those needs.  State Farm, Farmers and Allstate agents are restricted in what they are able to sell you.  They must sell their companies’ products if they have one, even if it isn’t the right policy for your needs. They have to do this because they are the company’s representative, not yours.  You need to have an insurance professional to represent you.  This is no different than hiring your attorney or CPA.  Insurance is complicated.  You need to have a trustworthy professional that will honestly compare the alternatives. Someone that will provide you with all of the alternatives and explain what the differences between the contracts are, as well as letting you know if those differences are of importance to your associations.</p>
<p style="text-align: justify;">Our agency prides itself on being at the height of professionalism. We would be happy to review your current policy and help you understand what you have as well as what you need to properly protect your association.</p>
<p style="text-align: justify;"><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/7-common-mistakes-association-insurance/' rel='bookmark' title='Permanent Link: 7 Common Mistakes Made by Agents on HOA Insurance'>7 Common Mistakes Made by Agents on HOA Insurance</a></li>
<li><a href='http://www.hoainsurance.com/2010/directors-officers-liability-threatens-association-boards/' rel='bookmark' title='Permanent Link: D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk'>D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk</a></li>
<li><a href='http://www.hoainsurance.com/2010/insurance-agency-california-hoa-condo-association/' rel='bookmark' title='Permanent Link: How to Choose the BEST Agent for your California Condo Association Insurance'>How to Choose the BEST Agent for your California Condo Association Insurance</a></li>
</ol></p>]]></content:encoded>
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		<title>Selecting a Management Company for your California HOA</title>
		<link>http://www.hoainsurance.com/2010/property-management-homeowners-association/</link>
		<comments>http://www.hoainsurance.com/2010/property-management-homeowners-association/#comments</comments>
		<pubDate>Fri, 12 Mar 2010 14:34:25 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Condo]]></category>
		<category><![CDATA[Features 2]]></category>
		<category><![CDATA[community associations]]></category>
		<category><![CDATA[condo property management]]></category>
		<category><![CDATA[hoa property management]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=453</guid>
		<description><![CDATA[Three management options for condo associations:self-management,association-employed manager and professional management company examined and compared.]]></description>
			<content:encoded><![CDATA[<p>This article reprinted from Association Times</p>
<p>There are essentially three options for management of a community association: volunteer or self-management, association-employed manager, and professional management company. Deciding which form of management to pursue is one of the single most important decisions a board of directors will make on behalf of their community. The decision is often determined based upon the size of the community, level of professional services desired by the board and community, and the costs associated with the services. Even in a small association, the responsibilities in serving the members and maintaining basic service levels and administrative and financial records make hiring of professionals almost a necessity. Ultimately, this decision can affect the scope and quality of services provided to residents, the condition of the community&#8217;s physical assets and amenities, curb appeal, and the overall financial health of the association.<br />
Deciding to Seek Bids</p>
<p>The first step in determining what company to hire is the solicitation of formal bids or requests for proposals. This process is important for the first company hired by the association board or when a board wants to make certain they are paying a competitive price for the management company already on retainer.<br />
Length of Management Contracts</p>
<p>Bidding professional management services can be a time consuming process and should not be necessary every year. Management transitions, even in the best of circumstances, unavoidably disrupt association operations. Therefore, the size of your community, the scope of services you are soliciting, and the number of special projects planned by the association should be factors in deciding the frequency of bidding. Multi-year contracts can provide an association with cost benefits, continuity in services, and, with an appropriate termination clause, flexibility to make changes when necessary.<br />
Content in the Bid/Request For Proposals (RFP)</p>
<p>The RFP should include a letter requesting bids, a contact person and address to send the bid, a deadline for response, information on a bidder&#8217;s conference (if scheduled), a property tour (if appropriate) and the contact person for any questions on the request. Finally, it is helpful to include a time table for bidder interviews and for a final decision by the board in signing the contract.</p>
<p>Additionally, the RFP should include basic information about the community such as the number of homes, type of homes, amenities, age of the community, special features, the number of board members, the number of committees, a brief summary of any special projects in process, the association&#8217;s fiscal year, a current budget, etc. The RFP should also specify a uniform proposal format that will make it easy for the board to accurately compare submissions.</p>
<p>The RFP should include minimum qualifications for bidders such as demonstrated experience with the management of communities of similar type and size, fidelity bond insurance requirements, professional designations for the company and staff, technology capabilities and resources, etc.</p>
<p>Finally, the RFP should include a statement of work (SOW). The SOW should outline the services requested by the community and outline the expectations of the management company such as property maintenance demands, administrative services such as the number of meetings to be attended, financial services including collection duties, and other general support. Defining the expectations of the management company will help the board measure performance and accurately evaluate cost proposals.<br />
Creating a List of Bidders</p>
<p>While the telephone book can be a useful resource in developing a list of potential bidders, there are other targeted sources. Community Associations Institute (CAI) is nationally-recognized as an excellent source for developing a bidders&#8217; list. Board members may find a telephone survey of other association board members will yield a useful referral in selecting a management company. Also, the association&#8217;s legal counsel or auditor may provide insight in locating reliable, qualified management firms. Finally, a search of the Internet may also help provide background information on potential bidders.<br />
Evaluating Proposals and Companies</p>
<p>Develop a list of questions for those providing bidder references that will address the services and qualities you are looking for from a new management company. Visit the properties managed by the bidders and visit their corporate offices. You can tell a lot about a management company by meeting their staff and asking questions about how their systems work.</p>
<p>For determining the effectiveness of the current management company, a survey of the property residents will provide a useful gauge of the management of the association. Also, a management audit performed by the board and manager or a third-party consultant can provide necessary analysis.<br />
The Management Contract</p>
<p>Most management companies have standard management contracts explaining their services, the fees for those services, and the terms of the contract. Typical provisions clearly define the contracting parties, the lines of authority, the manager&#8217;s responsibilities, insurance requirements, length of the contract, a termination clause, an indemnification provision, and a compensation or fee schedule.</p>
<p>Using Legal Counsel to Assist with the Bid Process<br />
Very often, an association&#8217;s board of directors will solicit the assistance of legal counsel for all or part of the bid process. While not necessary, legal counsel can be very helpful in reviewing the contract.</p>
<p>The owners who volunteer to serve as members of the board of directors often become overwhelmed with the duties and responsibilities this service requires for the other owners. A professional management company can assist in executing those duties timely, fairly, and legally.</p>
<p>Source: Community Management Corporation</p>
<p>This posting reprinted from Association Times</p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/condo-board-member/' rel='bookmark' title='Permanent Link: How to Deal with a Rogue Board Member'>How to Deal with a Rogue Board Member</a></li>
<li><a href='http://www.hoainsurance.com/2009/hoa-directors-officers-property-managers/' rel='bookmark' title='Permanent Link: Directors vs. Officers of the Association – Clarifying the Misconceptions'>Directors vs. Officers of the Association – Clarifying the Misconceptions</a></li>
</ol></p>]]></content:encoded>
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		<title>7 Common Mistakes Made by Agents on HOA Insurance</title>
		<link>http://www.hoainsurance.com/2010/7-common-mistakes-association-insurance/</link>
		<comments>http://www.hoainsurance.com/2010/7-common-mistakes-association-insurance/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 15:34:00 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[association insurance]]></category>
		<category><![CDATA[Boiler and Machinery Coverage]]></category>
		<category><![CDATA[Building Code and Ordinance Coverage]]></category>
		<category><![CDATA[condo association insurance]]></category>
		<category><![CDATA[condo insurance]]></category>
		<category><![CDATA[Coverage for Unit Interiors]]></category>
		<category><![CDATA[D&O Coverage Association Manager]]></category>
		<category><![CDATA[Employee Dishonesty Coverage]]></category>
		<category><![CDATA[hoa insurance]]></category>
		<category><![CDATA[homeowner's association insurance]]></category>
		<category><![CDATA[Inaccurate Building Values]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=93</guid>
		<description><![CDATA[Check to see that your HOA policy has no costly errors such as: wrong or missing coverages, inaccurate building values, coverage exclusions, inappropriate liability amounts]]></description>
			<content:encoded><![CDATA[<p><img class="alignright size-full wp-image-37" title="magnifying_glass_insurance_md_clr" src="http://www.hoainsurance.com/wp-content/uploads/2009/01/magnifying_glass_insurance_md_clr.gif" alt="magnifying_glass_insurance_md_clr" width="110" height="110" /></p>
<p style="text-align: justify;"><strong>As anyone that specializes in associations can tell you, condominium and homeowners associations have many unique issues. The same is true for the insurance they require. These associations are not like any other commercial entity in many ways. It takes an expert in this type of insurance to properly evaluate what is needed and what is missing from an association’s policy. These are the most common problems that occur in HOA insurance, and why these errors are a potential problem for your association.</strong></p>
<p style="text-align: justify;"><strong>1. Wrong Coverage for Unit Interiors</strong> Who is responsible for covering the unit interiors is dictated by the association’s CC&amp;Rs. In some instances, the CC&amp;Rs will dictate full coverage for unit interiors on the master policy, and in others it will tell you to exclude them. In even other instances, the CC&amp;Rs will dictate that the association must restore the units to the original condition they were in at the time they were built.</p>
<p style="text-align: justify;">If your master policy is not written to match the CC&amp;Rs requirements, then the association can potentially be over-insured or dangerously under-insured, and it can possibly create situations where coverage is purchased and then denied at the time of loss.</p>
<p style="text-align: justify;">If the association’s CC&amp;Rs dictate that the association’s policy provides coverage for the unit interiors, yet the agent fails to sell a policy that includes the necessary coverage, and if there is a loss that includes the interior of the unit, the association will be required to pay that portion of the loss out of its own pocket. The master policy will decline coverage for the claim because it was excluded on their policy. The unit-owner policy will also decline coverage because owners will look to the CC&amp;Rs, which state that coverage is to be provided by the association, and therefore the owner is not responsible for paying the claim. Why expose yourself to these problems when a proper review of your CC&amp;Rs by an expert in association insurance could help you avoid this problem?</p>
<p style="text-align: justify;">On the other end of the spectrum, if the association’s policy provides for full coverage of the unit interiors when they should be excluded, you can end up with one of two possible problematic outcomes. The first outcome is that the association’s policy will cover the loss when it should be denying it. This will lead to higher premiums and possible cancellation from your current insurer when your policy renews. The alternative is that the association’s adjuster will review the CC&amp;Rs and deny the claim, insisting the association has no insurable interest in the interiors. In this situation, the unit-owner’s policy should pick up coverage. However, some unit-owner contracts state that they will refuse to pay a claim if there is coverage stated under the master policy’s contract. The result could be that you have purchased the coverage twice and neither insurance company will pay the claim.</p>
<p style="text-align: justify;"><strong>2. No Building Code and Ordinance Coverage</strong> Safety codes are constantly improving all the time in order to better protect the lives of individuals in the event of a disaster. These features are not part of a building, but after a major loss, the association will be responsible for putting them in. In addition, this coverage also pays for the demolition of undamaged portions of the building that need to be altered in order to comply with code when the building is being rebuilt.</p>
<p style="text-align: justify;">An example of this is the installation of fire sprinklers as part of reconstruction. If they were not there originally, this coverage would pay to put them in after a covered loss. The demolition portion would pay for the demolition of the undamaged portion of the building so that sprinklers can be installed in the whole building. The property portion of this coverage would provide for the actual cost of the sprinklers.</p>
<p style="text-align: justify;"><strong>3. No Boiler and Machinery Coverage</strong> This covers far more than a hot-water boiler if your building has one. It also provides coverage for mechanical breakdown of items such as your elevator, sump pumps and pool equipment, as well as off-premises electrical problems.</p>
<p style="text-align: justify;">A common loss that is covered and can happen to any association is to have the transformer on the pole outside your building blow. This will cause an arcing due to unstable electrical regulation of the electrical system, which can destroy a whole building’s electrical system. Due to the fact that the cause of the loss was off premises, the only way to get coverage is from boiler and machinery coverage.</p>
<p style="text-align: justify;"><strong>4. Inaccurate Building Values</strong> If the building is not covered for an amount that will adequately replace the building in the event of a total loss, there can be major problems, even if the building is not completely destroyed. By not insuring for the amount the building is valued at, you can trigger a policy’s co-insurance clause. Co-insurance states that if the insured has not properly valued the replacement cost of the building, the insurance company can reduce a claim settlement to reflect the proportional amount that you insured, and then reduce it further by whatever the penalty is in the contract. An example of how this works is if the actual replacement cost of the building is $1,000 and you only insure it for $800, you have now only insured to 80 percent of the building’s value. You now have a $300 loss. They will say that you under-insured by 20 percent, so if there is a 150 percent co-insurance penalty, you will be penalized 30 percent on your claim settlement. They will pay you only $210. Now subtract your deductible and that will be the check that you receive.</p>
<p style="text-align: justify;">On the other side, if the building is overvalued, you may be paying money for coverage that is not necessary, which will end up wasting the association’s money.</p>
<p style="text-align: justify;">How is a lay board supposed to come up with a proper valuation for the cost of rebuilding? Our solution to this problem is to provide the board with a Marshall and Swift replacement cost worksheet so that you can feel comfortable with value used to protect your assets.</p>
<p style="text-align: justify;"><strong>5. No D&amp;O Coverage for the Association Manager</strong> It is common to see that the manager has been left off the D&amp;O coverage. On most policies, this is not fixed by a typical additional insured endorsement as it is with general liability coverage. They normally charge extra premium and ask additional questions about the manager to allow for the coverage. This is important coverage because an error of communication can create a situation where this type of suit can happen.</p>
<p style="text-align: justify;">An example of this is when the board has put rules in place where late pays will not be tolerated. If you have been late two months in a row, they will begin legal proceedings against the owner. If, for example, the first month the owner pays late by a few days and the next month he is accidentally left on the list of delinquent owners, the board will file suit against the owner. The owner will counter-sue for defamation of character. Without the association manager being named to the D&amp;O coverage, there will be no insurance coverage for the claim.</p>
<p style="text-align: justify;"><strong>6. Employee Dishonesty Coverage Excludes Association Manager</strong> Depending on the insurance contract, the manager may be excluded from the association’s fidelity coverage. If you have one of these inferior contracts, you will find that the association is exposed and liable if an employee of the management company embezzles funds from your accounts.</p>
<p style="text-align: justify;"><strong>7.  Inappropriate Liability Limits</strong> California law requires that you have $2 million of liability coverage if the association is less than 100 units, and $3 million in coverage if it is 100 units or more. If you have less than that amount of coverage, each individual unit owner becomes susceptible to personal liability for lawsuits by the association.</p>
<p style="text-align: justify;">These are just seven of the errors that are commonly made on association policies. There are others as well.</p>
<p style="text-align: justify;"><strong>These errors tend to occur for two reasons: </strong></p>
<p style="text-align: justify;">1)    <span style="text-decoration: underline;">The agent isn’t an expert in association insurance</span>. If the agent is not dealing with association insurance on a daily basis, he will not be aware of many of these issues. These are fine nuances that are not common to other types of insurance. The person that handles your auto and business insurance is not the person that you want handling your association insurance. Make sure you have an expert.</p>
<p style="text-align: justify;">2)    <span style="text-decoration: underline;">An agent is in a competitive bid situation and believes the only item that the board is concerned about is price</span>. You will find that he will get you the cheapest price by removing one or more of these items to gut the coverage he is selling you. Is that the price-reducing strategy you really want? It’s no different than buying a stripped down version of a car versus the fully loaded version. The difference, though, is that the items that get left off the punch list can cost you dearly when you really need it.</p>
<p style="text-align: justify;">These possible problems are why you need an expert in association insurance to review your policy and bid your insurance. You need one agent you trust, not three that you don’t. By using an agency, you will be able to obtain multiple bids using the same standard of coverage. It will also allow you to have an expert in this type of insurance make sure that these and other potentially costly oversights do not exist in your policy.</p>
<p><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/insurance-information-association-board-members/' rel='bookmark' title='Permanent Link: Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have'>Vital Insurance Information Your Current Agent Doesn&#8217;t Want You to Have</a></li>
<li><a href='http://www.hoainsurance.com/2010/directors-officers-liability-threatens-association-boards/' rel='bookmark' title='Permanent Link: D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk'>D&#038;O Insurance Problems Put HOA Board Members&#8217; Personal Assets at Risk</a></li>
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		<title>Is Your Overpriced &#8220;Insurance Antique&#8221; Bankrupting Your Condo Association?</title>
		<link>http://www.hoainsurance.com/2010/is-your-overpriced-insurance-antique-bankrupting-your-condo-association/</link>
		<comments>http://www.hoainsurance.com/2010/is-your-overpriced-insurance-antique-bankrupting-your-condo-association/#comments</comments>
		<pubDate>Fri, 05 Mar 2010 14:23:05 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[association insurance]]></category>
		<category><![CDATA[condo associations]]></category>
		<category><![CDATA[independent agents]]></category>

		<guid isPermaLink="false">http://www.hoainsurance.com/?p=899</guid>
		<description><![CDATA[How to find out if your association has a costly "Insurance Antique" that needs replacing!]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">I don’t need to tell you that the world is a very different place today than it was just a year or two ago. In the blink of an eye the financial meltdown has shattered our long held beliefs about real estate, money and investing.  For 50+ years the experts encouraged us to “buy and hold” investments (stocks, bonds, real estate etc.) and to just sit back and watch the assets grow exponentially through compounded earnings.  Well, you and I both know what happened next.  Nest eggs were cut down to next to nothing and people are now left to “hold and hope” that their properties and accounts will someday recover.</p>
<p style="text-align: justify;"><em>So, what does the financial crisis have to do with condo association insurance? </em>A couple years ago insurance carriers were in a buying frenzy, grabbing up other insurance companies and calling it growth. However, in today’s business climate financial companies no longer want to buy out other financial companies. So now, the only way for these companies can grow is by writing new policies.  Cash flush insurers that are motivated to grow are aggressively pricing their policies in an effort to expand market share.  Even so, not all companies are in the mood to be aggressive. <span style="text-decoration: underline;">Captive carriers like Farmers and Allstate are raising prices in order to maintain their profit levels.</span> Knowing their agents have only one product to sell, they are hoping customers are lazy and renew without shopping for alternatives. On the contrary, companies represented by independent agents are pricing themselves aggressively because: 1) they expect to get shopped on a regular basis 2) they must be competitively priced because independents have no loyalty to any one company and will move business elsewhere if need be.  <strong>The difference in pricing between the captives and an independent agency like ours can be as much as 53%. It’s no wonder that hundreds of condo associations have called on us for help this year.</strong></p>
<p style="text-align: justify;"><span style="text-decoration: underline;">In the current marketplace, holding on to “insurance antiques” can waste thousands of dollars from a  condo association budget as well as supplying inadequate coverage</span>.  We’ve quoted hundreds of policies in 2009 and have found savings ranging from 10-53% off the current renewal offers our prospects are receiving. The largest gaps in premiums are coming from current Farmers and Allstate customers who save on average about 22% when they switch to another A-rated carrier. The reason for the savings is that a couple of large first-rate companies have decided they want to gain market share in the condo association niche and are cutting prices  so to that the decision to switch to them is a no-brainer.</p>
<p style="text-align: justify;">On the other hand, if you are the one bringing the savings to their attention they are going to be a very happy.</p>
<p style="text-align: justify;">As independent agents that specialize in association insurance we update values annually for every client, and then shop it to multiple carriers. We also provide a comparison of current coverage to the next best alternative available, assuring you and the client that they get the right coverage at the best possible price.  <strong><span style="color: #ff0000;">All it takes is filling out our quick quote form, and fax/email it back along with the insurance clause of the CC&amp;Rs and the current dec pages and one 5 minute phone call (310) 945-3000</span></strong></p>
<p><strong>Note: There is an email link embedded within this post, please visit this post to email it.</strong></p>
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<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/earthquake-insurance-rates-options/' rel='bookmark' title='Permanent Link: Warning!!!  EARTHQUAKE INSURANCE RATES ARE SKYROCKETING UPWARD'>Warning!!!  EARTHQUAKE INSURANCE RATES ARE SKYROCKETING UPWARD</a></li>
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		<title>How to Deal with a Rogue Board Member</title>
		<link>http://www.hoainsurance.com/2010/condo-board-member/</link>
		<comments>http://www.hoainsurance.com/2010/condo-board-member/#comments</comments>
		<pubDate>Fri, 12 Feb 2010 19:32:14 +0000</pubDate>
		<dc:creator>Elliot Katzovitz</dc:creator>
				<category><![CDATA[Condo]]></category>
		<category><![CDATA[Features 2]]></category>
		<category><![CDATA[board of directors]]></category>
		<category><![CDATA[condo board member]]></category>
		<category><![CDATA[homeowners association]]></category>

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		<description><![CDATA[Strategies to avoid damage to an association's reputation,legal standing and effectiveness by the actions of a rogue HOA board member.]]></description>
			<content:encoded><![CDATA[<p>This article from Association Times</p>
<p>Having a roguish manner in some situations might be quite charming, but such a characteristic is not considered an attribute for a position that involves overseeing or managing the investment owners have in their respective property in a homeowners association.</p>
<p>The board of directors is elected by the homeowners, usually based on leadership qualities that they have observed first hand or from a brief written synopsis of a board member applicant’s past business and community experiences. A successful board works together by listening to owners and one another and making decisions that will be in the best interest of the association. Disrupted meetings and delayed decision-making can result in unnecessary additional cost to the association if the rogue member does not participate at the meeting according to his or her job description as outlined in the association’s bylaws.</p>
<p>A board member with a rogue personality can spell disaster for the board and the association because he or she usually 1) does not recognize or acknowledge the importance and value of the board of directors as an entity, 2) does not understand his or her role as a board member, 3) has a personal agenda and will try to promote his or her own ideas at any cost, and 4) expects the rest of the board members to agree with his or her viewpoint.</p>
<p>When an individual becomes a member of the board of directors and exhibits such rouge qualities the balance of the board must be strong and continue to act in the best interest of the community. Restating the association’s mission at board and annual meetings will reinforce the mission of the association. Using various words (i.e. fiduciary responsibility, business judgment rule, discrimination, related party transactions, liability) when discussing various topics, may help temper a rogue board member.</p>
<p>Reviewing the Directors and Officers or Professional Liability insurance coverage with the board members is an eye opener in some situations. Understanding that professional liability coverage responds to decisions made in good faith versus those that are knowingly detrimental and not in the best interests of the association, can encourage board members to think twice before making a decision.</p>
<p>In the case of the rogue board member not responding to any attempts by the board of directors or manager to defuse potential problems, several other avenues may be discussed. The board of directors may go into executive session to discuss the board’s concerns and the possible liability to the association that may arise from the rogue board member’s actions. The board may also elect to discuss the issue with its legal counsel for recommendations on how to further handle the situation and put the board member on notice that such behavior and/or actions will not be tolerated.</p>
<p>In any event, the board of directors must address a rogue board member at the onset of the inappropriate behavior to avoid damaging the association’s reputation, legal standing, and, ultimately, its values and effectiveness.</p>
<p>Susan Sills, PCAM®<br />
Vice President<br />
Colorado Association Services<br />
Colorado Springs, CO</p>
<p>Reprinted from Association Times</p>


<p>Related posts:<ol><li><a href='http://www.hoainsurance.com/2010/property-management-homeowners-association/' rel='bookmark' title='Permanent Link: Selecting a Management Company for your California HOA'>Selecting a Management Company for your California HOA</a></li>
<li><a href='http://www.hoainsurance.com/2009/hoa-directors-officers-property-managers/' rel='bookmark' title='Permanent Link: Directors vs. Officers of the Association – Clarifying the Misconceptions'>Directors vs. Officers of the Association – Clarifying the Misconceptions</a></li>
<li><a href='http://www.hoainsurance.com/2009/southern-california-association-board-members-and-property-managers-praise-insurance-agent/' rel='bookmark' title='Permanent Link: Southern California Association Board Members and Property Managers Praise Insurance Agent'>Southern California Association Board Members and Property Managers Praise Insurance Agent</a></li>
</ol></p>]]></content:encoded>
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