HOAleader.com - Tip of the Week - August 14, 2020
Published: Fri, 08/14/20
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COVID-19: Insurance Emerges as a Major Issue as Condos/HOAs Evaluate Facilities
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In this week's tip, we check in with our experts to find out whether condo/HOA are opening or closing amenities now that headlines have been that the United States keeps setting new records with new COVID-19 cases. As you read their reports, you'll find a common thread--insurance challenges have become major factors in the decisions.
Colorado—"I think for the most part, most of our communities have made a decision," says Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who has specialized in community association law for 19 years. The vast majority of them are remaining closed.
"Pools are probably 60-40, with 60 percent closed, and clubhouses are 90-10, with 90 percent closed," she reports. "It's because of the COVID-19 concern.
"But what worries our associations more is that if they get sued over a claim that a resident got COVID-19 at a condo or HOA facility, they most likely won't have insurance to cover them," explains Gilbert. "Most insurance policies have a standard clause excluding liability for viral diseases and bacterial diseases. For boards, any case like that is going to cost a lot of money for them to defend themselves without insurance to cover it. So my clients are playing it close and keeping things closed."
Florida—"COVID-19 has been an evolving discussion here in Florida," reports Carolina Sznajderman Sheir, a partner at Eisinger Law in Hollywood, Fla., whose firm represents about 700 community associations statewide.
"We're anticipating what the next step is going to be," says Sheir. "I've treated the situation the way we've treated hurricane preparedness here in Florida, which is to prepare for the worst. We're advising our clients to follow Centers for Disease Control guidelines. At the same time, emergency orders from our city, county, and state level aren't entirely clear.
"Prior to the closings, we started saying, 'If you have a concern about your pool, gyms, or any facility where there could be masses of people or it's too difficult to control, we suggest you close that facility,'" she adds. "Florida associations have certain emergency powers that were originally meant for hurricanes—I don't think our state legislature envisioned a pandemic when they adopted these powers—so a lot of what we've been doing has had hurricanes in mind.
Sheir says her client boards have now come full circle. Find out why, along with updates from more experts in other states, in our new article: https://www.hoaleader.com/members/4173.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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When a Condo/HOA Owner Goes Rogue to Save the Association Money
An HOAleader.com reader asks, "Our office recently acquired an HOA with six units. Fund limitations have prevented the HOA from doing major repairs without special assessments. One of the homeowners decided to take matters into his own hands and has had work performed in the common areas without approval from the board. The owner has also paid for the 'Band-Aid' repairs.
Click here to read full article:
https://www.hoaleader.com/members/When-CondoHOA-Owner-Goes-Rogue-Save-Association-Money.cfm
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COVID-19: Condo/HOA Law Firm Reports Increase in Mental Health Challenges
The attorneys at Eisinger Law in Florida say they've seen a noticeable uptick in calls from the firm's more than 800 Florida homeowners and condominium association clients over mental health issues. Boards are expressing concern and seeking counsel regarding unit owners or residents who are showing acute and ongoing signs of mental illness.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-CondoHOA-Law-Firm-Reports-Increase-in-Mental-Health-Challenges.cfm
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How to Be a Better Condo/HOA Board Member (While Reducing the Stress of the Job)
Join us for an in-depth webinar on August 20 -- next Thursday! -- led by two long-time community association experts who've worked with literally hundreds of condos and HOAs between them and, by extension, literally thousands of board members, will draw on their years of experience and share their advice for being your best as a board member--and at the same time, dramatically reducing the stress of the role you've volunteered to fill.
Click here to read full article:
https://www.hoaleader.com/products/how-to-be-better-condo-hoa-board-member-a.cfm
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Condo/HOA Boards Listen Up: What Not to Do To Make the 6 O'Clock News
This is why some people love to hate their condo board: A Canadian condo was in the news for a $30 per day occupancy fee for visitors imposed on a family whose adult daughter returned home to shelter in place during the pandemic.
Click here to read full article:
https://www.hoaleader.com/members/Occupancy-Fees-Should-This-Condo-Have-Waived-Them-During-Pandemic.cfm
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COVID-19: Some Condos/HOAs Are Having Elections; Here's How
We check in with our experts to find out how their clients are approaching that difficult question of annual meetings--really elections--as states shift their stay-at-home orders, starting with a Midwest state.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-State-Condo-HOA-Annual-Meetings.cfm
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