Guest Column: Mark R. Benson

DON’T ASK, DON’T TELL

There is a lot of discussion and angst over the insurance section of the Condo Act passed in 2008. It has been described as “draconian” and may be abused by boards exercising intimidation.

Please look at what it really says:

718.111(11)(g)(2). The association shall require each owner to provide evidence of a currently effective policy of hazard and liability insurance upon request, but not more than once per year. Upon the failure of an owner to provide a certificate of insurance issued by an insurer approved to write such insurance in this state within 30 days after the date on which a written request is delivered, the association may purchase a policy of insurance on behalf of an owner. The cost of such a policy, together with reconstruction costs undertaken by the association but which are the responsibility of the unit owner, may be collected in the manner provided for the collection of assessments in s. 718.116.

In reading the 2008 requirements, I note that the new law does not require the association to demand certificates.

Further, the updated insurance section of the Condo Act says the association may place insurance, not that it must.

I am not an attorney and this is not a legal opinion. Please consult your own counsel for legal advice.

Mark R. Benson, CAM, CMCA, AMS, PCAM
Reporting on issues related to Community Associations

Mark Benson is a Community Association Manager and Certified County Court Mediator who was appointed by the Governor to serve on the Community Association Living Study Council.