Condo Association Insurance

[aggiejam]

What is the name of your state?TX

I live in a complex where several homeowners do not want to pay their monthly dues. These dues cover water/insurance/exterior lighting/pool/ etc... The problem is that because these homeowners choose not to pay their dues, we cannot pay our insurance company the premiums. They are planning to cancel our insurance if we do not pay the money the association owes. I feel that this is not my fault (i pay all my dues) and should not be responsible for their actions. The board has already taken legal action to get them to pay their dues but I am still at risk of not having insurance because of these people. What can I do or what laws are there to help people in my situation.

 

[I AM ALWAYS LIABLE]

What is the name of your state?TX

I live in a complex where several homeowners do not want to pay their monthly dues. These dues cover water/insurance/exterior lighting/pool/ etc... The problem is that because these homeowners choose not to pay their dues, we cannot pay our insurance company the premiums. They are planning to cancel our insurance if we do not pay the money the association owes. I feel that this is not my fault (i pay all my dues) and should not be responsible for their actions. The board has already taken legal action to get them to pay their dues but I am still at risk of not having insurance because of these people. What can I do or what laws are there to help people in my situation.

My response:

Your condo association should have had a surplus so that when emergencies arise, the "lights don't get turned off" so to speak. As long as the Condo Association attorneys are doing what needs to be done, there's nothing you can do on your own. You are a "third party beneficiary" of the Associations payments for utilities, insurance, etc. Therefore, you have no "legal standing" to directly go after the miscreant non-payers even though their actions may affect you.

The only thing you, and the rest of the abiding owners can do is to make up the shortfall. That way, the utilities won't get turned off, and you and the rest will be entitled to reimbursement. You have, along with everyone else, a duty to mitigate your potential damages.

IAAL

IAAL

 

[HomeGuru]

Demand that the HOA tap the reserve fund or special assess each homeowner.