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How much control should a condo association have?

Be careful what you wish for. That’s the hard lesson learned by one Pittsburgh-area condo association board. The board fought for, and won, independence from the local township when it came to roadwork and maintenance. The condo association won its private-road status from the township.

However, privacy can be pricey. The condo association board now faces a costly final project phase – a storm water system – and they’ve gone back to the township, hats in hand, looking for some help. Help, it appears, isn’t forthcoming. Moreover, the project plans were expected to follow township regulations involving setbacks and structure placement. On closer look, the township and the condo association members realized compliance was rather spotty.

While this township’s commissioners ended with sincere offers of help if help was even possible, most condo associations facing such a predicament would come up just as empty, but a bit more battered in the ego department. It begs the question – how much control does your condo association need over the elements in your condo property? As this case illustrates, insisting on control without first understanding the impact of future costs associated with said control is short sighted at best.

Most condo association insurance policies do cover errors and omissions. Does this type of oversight qualify? Unlikely. The board in this case made a conscious decision – a group decision – to declare the roads in their complex private. The insurer in this case would look to the decision-making process. Did the board members consider the risks of such a declaration? In this case, it could be argued that the condo association board took on the full responsibility of its roads (and its drainage issues) with full knowledge of the risks.

This illustrates how all decisions regarding the condo association’s control can have adverse financial effects on the condo association. If you’re not sure, call your condo insurance broker / specialist. Get a risk assessment on any decision that gives control to your board that would otherwise be shared with local authorities.

Emerson Poort

Because of their unique legal structure, Condominium Associations require special insurance forms to cover both Property and Liability risks of loss. At www.insureyourcondoassociation we specialize in Condo Association, HOA and Community Associations. Visit us today for a SPEEDY customized quote. Follow us on Twitter www.twitter.com/aptcondoinsure

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