Can a Homeowner Association in FL. require homeowners to add them as an additional insured on their private Ins. Policy?

Bankruptcy and Debt 5 views 3 answers
The HOA management company says that I am in violation of FL. State Statute 718. However when I look up the statute it only states information about condominiums.

Attorney Answers

3
Jonathan Klurfeld ·
The only way to know if it is requires is to review your HOA governing documents. If it is in their, then it is contractually required between you and the HOA. There is no statute you will find that addresses this issue or requires it; it is purely contractual if in your covenants/governing docs. It is fairly common though. Naturally, the association has some interest in your property, depending how far the governing docs go. If the association is responsible for your yard, pool, etc it needs to be on your policy in case a worker they retain gets injured for example. Certain elements of the home may be maintained by the association so they need to be listed as an insured, otherwise the policy is only between you and the carrier. It all depends on the governing documents, which you will have to bring to a lawyer to review to get an exact answer.
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Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
It does depend on the language in your Declarations and Bylaws. A few years back the state law was revised to require unit owners to submit a copy of their certificate of insurance to the association, but the law was repealed. That law did not require the association be named as an additional insured. The management company may be unaware the law was repealed or there may be a requirement in you association documents. If you are not sure, after reading your documents, you may want to hire a lawyer to review them to be certain.
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teven Nathan AinbinderInsurance Law LawyerBoca Raton, FL ·
I will not repeat the great advise you received from the other 2 attorneys. My questions is, "what is the big deal?" You have liability coverage on your homeowner's insurance policy. You can increase the limits to $300,000.00 per occurrence for approximately $10.00 per year. If you have a gathering in a common area and someone gets hurt, your homeowner's policy will cover not only you, but your HOA. I would speak with your agent, as well as the management company. OR, the management company can be mistaken. I live in a HOA and my HOA is not an additional insured on my policy. Listing an additional insured usually does not raise your premium. Good luck,
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