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2378 Views 4 Replies Latest reply: May 24, 2012 11:52 AM by lkgeo RSS
New Member 5 posts since
May 23, 2012
Currently Being Moderated

May 23, 2012 5:57 PM

insurance for tenant damage to hoa common area

hi, I have a question that I haven't found in earlier discussions, and I'm hoping someone in the forum has had experience with this.

 

I have a rental condo in a homeowner association in California.  The governing documents are being revised, in part to indicate that each owner is reponsible for any  damage by their tenant(s) - not only in the individual condo/home, but in common areas and other association facilities. Repair costs would, if necessary, be obtained by special assessment or lien.  Apparently this is common wording for recent HOA documents.  It might be ok for HOA's with high owner occupancy and tenants with long-term leases.  However, there are no guarantees about tenant behavior, and for a short-term vacation rental the risk seems higher.  And, the thought of expanding liability to the common areas expands the risk considerably - for HOA's with a clubhouse or other structures; maybe even  something like a fire across the premises.  Ugh.

 

I  have insurance for the condo itself as a rental, personal property within, and liability.  I haven't figured out how to find insurance that would cover tenant damage to common-area buildings, structures, etc. - I'm not even sure what type of insurance it would be, and whether it's available.  The association has a master policy, but my insurance agent said that insurance coverage follows what's specified in the governing documents, so if our documents are revised the master policy would not cover tenant damage.

 

Thanks in advance for any input you might have.

  • kiawahcottage Community All-Star 375 posts since
    Jan 1, 2011
    Currently Being Moderated
    May 23, 2012 7:23 PM (in response to lkgeo)
    Re: insurance for tenant damage to hoa common area

    Hi lkgeo,

     

    Is this new HOA document revision in response to an incident that you are aware of?  What is the scenario here?  If your insurance agent can't answer it maybe your lawyer can.  More info would be helpful.

     

    Paul

      • mike-dfv Community All-Star 835 posts since
        Mar 5, 2011
        Currently Being Moderated
        May 24, 2012 8:56 AM (in response to lkgeo)
        Re: insurance for tenant damage to hoa common area

        While that would be scary as an owner, damage caused by renters isn't the HOA's fault either. Perhaps they're right in thinking they, or their insurance, shouldn't have to pay. If this comes to my area, I'll have to adjust my T&C's making my guest take responsibility for any damage they do to common areas.

         

        Mike

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