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Dues & money

How does a condo board collect proof of HO-6 insurance from every owner each year?

By OurHOA · General information · Revised

How a condo board collects proof of HO-6 insurance each year: what the declaration allows, what to request, tracking, follow-up letters, and owners with no policy.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Ask once a year, right after the master policy renews, and ask for the same thing from everyone: a current declarations page or certificate showing the owner's name, the unit, the carrier, the policy dates and the coverage amounts. Log every reply, follow up twice in writing, and escalate only as far as your declaration allows. That last part matters more than boards expect. None of the three state statutes covered here, Texas Property Code section 82.111, Florida Statutes section 718.111(11) or Colorado's section 38-33.3-313, gives the association a general power to demand proof of an owner's policy. The requirement, and any penalty for ignoring it, has to come from your declaration or bylaws. Rules vary by state and by governing documents, so treat this as education, not legal advice, and have the association's attorney confirm what yours allow.

Why the board should care

The master policy stops at a line, and the unit owner's policy is supposed to pick up from there. When an owner has no policy, the gap turns into a fight with the board after a loss. Florida section 718.111(11)(f) says the association's policy must exclude personal property in the unit and items like floor, wall and ceiling coverings, appliances, water heaters, built-in cabinets and countertops that serve only that unit, and that this property and its insurance are the owner's responsibility. Under (11)(g)2, if the association ends up rebuilding those parts after a loss, the cost is chargeable to the owner and collectible as an assessment. Colorado section 38-33.3-313(2) lets the association policy leave out the finished interior surfaces of walls, floors and ceilings, and (7) says the association's policy does not remove the owners' need for their own insurance. Texas section 82.111(b) lets the policy skip improvements and betterments owners installed. Deductibles are the other reason. Texas section 82.111(l) lets the association charge the deductible to an owner whose unit, guest or invitee caused the damage, and Colorado section 38-33.3-313(6) allows a written policy assessing deductibles to negligent owners. An owner with a $10,000 chargeback and no policy usually cannot pay it, and then it becomes a collections file.

Read the declaration before sending anything

Open the insurance article of the declaration and answer four questions in writing. Must owners carry a unit policy at all? Is there a minimum, such as enough coverage to restore the interior or to cover the master deductible? Must owners provide proof, and how often? And what can the association do if an owner refuses: a fine, or buying coverage and charging the owner? If the declaration requires coverage but says nothing about proof, ask the attorney whether a board rule can add a proof step. In Texas, section 82.102(a)(7) gives the association rule-making power over use and occupancy of units to the extent it affects common elements or other units, and the attorney can tell you whether that reaches an insurance-proof rule. If the declaration says nothing about owner insurance at all, the board can still ask for proof as a voluntary request. It just cannot penalize anyone for ignoring it.

What to ask for

Send a one-page request with a short summary of the master policy: what it covers, where its coverage ends inside a unit, and the deductible an owner could be charged. Owners buy better policies when they can show their agent that page. Then ask for a declarations page or certificate showing: - the named insured and the unit address - the insurance company and policy number - the policy start and end dates - dwelling or building property coverage for the interior - loss assessment coverage - personal liability coverage Ask owners to send it through one channel, such as a dedicated email address or a drop box, not to individual directors. For rented units, ask the owner, not the tenant. A tenant's renters policy covers the tenant's belongings, not the owner's cabinets. For Florida owners, mention that section 627.714(1) requires unit owner policies to include at least $2,000 of loss assessment coverage with a deductible of no more than $250. Many owners raise that amount once they see the master deductible. Fannie Mae's Selling Guide, section B7-3-04, requires a borrower to carry a unit owner policy when the master policy leaves out any part of the interior or has a per-unit deductible, so many owners with a mortgage already carry one and only need to send the page.

Track it and follow up

Use a spreadsheet with one row per unit: owner, date requested, date received, carrier, policy end date, interior coverage, loss assessment amount, and a notes column. Sort by end date each quarter and ask again when a policy expires. Keep the documents in an association-controlled folder with access limited to the directors who need it. A declarations page can carry phone numbers and other personal identifying information, and Florida section 718.111(12)(c)5.e keeps most of that out of owner inspection. Do not post a list of uninsured units or discuss named owners at an open meeting. Report counts instead: 41 of 48 units on file. A timeline that works for most condos: day 1, send the request with the master summary. Day 30, a friendly reminder by email and mail. Day 45, a phone call from a director. Day 60, a formal letter that cites the declaration section, if the declaration requires proof. Day 90, the board reviews the remaining units at a closed or executive session where state law allows and decides next steps by unit number.

Wording the board can copy

A request paragraph: 'Section 9.3 of our declaration requires each owner to insure the interior of the unit, including finishes, fixtures and improvements, and to provide proof to the association each year. Please send a copy of your current declarations page to [email protected] by March 31. For reference, the association's policy has a $25,000 deductible per occurrence, and the attached summary shows what it does not cover inside your unit.' A 60-day letter: 'Our records show no proof of unit insurance for Unit 14. Section 9.3 requires it. Please send it within 30 days. If you have questions about what coverage you need, the attached summary of the master policy is a good thing to bring to your insurance agent.' Fill in your own section number, deadline and deductible. Keep the tone plain. Most missing certificates are an owner who forgot, not an owner who is uninsured.

When an owner has no policy

Use only the remedies the documents give you. If the declaration allows fines, follow your state's process exactly. In Texas, section 82.102(d) requires written notice that describes the violation, states the fine, tells the owner they may request a hearing before the board within 30 days, and, in most cases, gives a reasonable period to cure. Section 82.102(e) then requires notice of the fine within 30 days after it is levied. If the declaration lets the association buy coverage and charge the owner, talk to the attorney and the association's agent before buying anything. A policy on a unit the association does not own has cost and coverage questions the agent should answer first. If the declaration gives no remedy, the board's job is to document that it asked and to explain the risk to the owner in writing. That letter matters later if the owner disputes a chargeback after a loss.

Mistakes boards make

Asking for proof only after a pipe bursts, when it is too late to help anyone. Accepting a renters policy or an expired page because the owner sent something. Letting the tenant answer for the owner. Writing a fine into a rule when the declaration never required insurance. Storing certificates in a director's personal inbox, then losing them when that director leaves. Never telling owners the size of the master deductible, so their own policies carry $1,000 of loss assessment coverage against a $25,000 chargeback. Our guide on what the HOA master policy covers versus your own insurance is a good link to include in the annual request, and our guide on whether an HOA can require owners to carry insurance answers the question owners will ask first.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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