Insurance policy language generally insures only what the condominium documents provide, not what state laws require. Having insufficient insurance can cost associations LOTS.
Continue Reading Insufficient Insurance Costs Association LOTS!!!
In 2014, Kato purchased a unit at an association, thereby becoming a member of the association. Kato also joined the board and became its President/Treasurer. Later that year, Kato’s unit, and two other units in the association were destroyed by fire. The association collected the insurance proceeds from the loss, but decided not to rebuild. Kato was the president was president at the time and remained president until 2020. Three years later the association entered into a “Confidential Settlement Agreement” (“CSA”) with the three units for their fire losses, and as part of that agreement was obligated to pay Kato $30,500. The payment was to be made in installments and until the last payment was made Kato would:
“maintain all rights detailed in the By-Laws of [the Association]. On the other hand, the Members shall omit any responsibilities related to fees (such as maintenance fees) detailed by the By-Laws of [the Association]. When the settlement amount for each Member [has] been paid in full, the Members shall forfeit all rights and responsibilities[ ] granted by the By-laws, related to the units mentioned in the foregoing.”
Two years later, in 2019, while Kato was still president, the association sued Kato for allegedly stealing “hundreds of thousands of dollars from the Association.” In January of 2020 Kato was removed as an officer and director of the association.
Six months later, Kato sued the manager, board members, attorney for the association, and the association claiming the officers and directors had breached their fiduciary duties, that the attorney had engaged in deceptive trade practices and seeking an order prohibiting the association from paying the management company or allowing the management company to take any action on behalf of the association.
Two months later, on September 10, 2020, the association tendered to Kato the last of the payments due him under the CSA. “Kato refused to deposit the check.”
Continue Reading Former Association Member Can’t Sue for Breach of Fiduciary Duty
Issue: If your association was destroyed by fire or some other hazard, and it did not make sense to rebuild, how would the funds be divided?
Problem. Odds are that you don’t know the answer. The fact that you don’t know should scare you. Is every unit in your association worth the same amount? I doubt it. Do you each pay the same amount in assessments? Does that control? What does your declaration say about the distribution of insurance proceeds if the unit owners elect not to rebuild? Do you understand what it says? Does it even make sense?
Continue Reading Why You NEED to Amend Your Association Declaration Insurance Provision Before You Have a Loss