Q. Given the recent disasters on both the East and West Coasts, from flooding to fires, it seems obvious that property insurance is important. But it’s also getting very expensive. Owners who have mortgages are required by their banks to carry insurance, but if you own your property with no mortgage, is it still required?
Our condo’s management firm says that every unit owner has to carry homeowners’ insurance, and they want us to provide proof that we are covered. Can the association require this? The cost keeps rising, and we’re on a fixed income. The association carries insurance for the property, so do we still need to have our own insurance policies?
—Weighing Our Options
A. “Condominium associations often require unit owners to carry individual homeowners’ insurance policies (commonly known as HO-6 policies) to cover personal liability, personal property, and interior improvements or betterments,” says Gina M. Desrochers, Associate at Perkins & Anctil law firm in Westford, Massachusetts. “This requirement is typically outlined in the condominium trust or bylaws or elsewhere in the association’s governing documents. Many condominium organization’s master insurance policies cover structural elements, including the units and common areas, but not individual units’ interior contents or personal liability. It is our view that in order to ensure communities and residents are covered in the event of a loss situation, it is important to ensure that both the association and the individuals maintain the proper coverages.
“To determine if the association can require you to carry insurance, you should review the condominium bylaws, trust or other governing documents provided by the association. These documents will specify whether such a requirement is in place. Many older documents do not expressly require owners to obtain such individual policies, but it is always our recommendation that they consider doing so. If the trust or bylaws include this requirement, then legally, you would be obligated to comply, regardless of the insurance costs (though typically, costs of individual policies are relatively inexpensive compared to the association’s policies). If you are unsure or need clarification on specific provisions, it may be beneficial to consult these governing documents directly or to speak with your insurance agent.
“If you are concerned about costs, you might want to consider these options:
• Shop around: Rates can vary significantly among different insurers. Compare quotes from multiple providers.
• Increase your deductible: This may lower your premiums, though it means you’ll pay more out of pocket in case of a claim.
• Bundle policies: If you have other types of insurance (auto, life, etc.), bundling them with the same insurer might offer discounts.
“If you need to contest this requirement or seek an exception due to financial constraints, you might consider discussing this with the association board or a legal professional who can provide personalized advice based on your situation and local laws.”
Leave a Comment