Risk Control Resources

Common Actions Can Be Cause For Concern

Community Associations are designed to provide an opportunity for individuals to live together and share communal spaces that otherwise they would not have access to. However, in sharing communal property, disagreements or misunderstandings may arise as to what is communal property versus what is private property. This can lead to claims under the D&O policy for intentional acts such as invasion of privacy, trespass or wrongful entry.

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Breach of Contract

Much care goes into keeping a community running smoothly and well maintained. In order to do so, it is often necessary to hire outside contractors or vendors to do the job. This requires a contract to be formed, written and agreed to it, but entering contracts creates its own set of risks to be aware of.

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Architectural Review Committee Decisions May Lead to D&O Claims

Community Associations’ governing documents often require a sub-committee be established to make decisions related to architectural standards; this is commonly referred to as an Architectural Review Committee (ARC). Because the ARC oversees decisions regarding whether a homeowner’s request may be granted, their choices are often scrutinized. When a request is denied, homeowners may feel discriminated against if they believe a similar request by another homeowner was granted. Perceived selective enforcement could lead to allegations of wrongful acts against the Association and result in a D&O claim.

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Assistance Animals: A Potential Exception to Your Association’s “No Pets” Policy

Requests for assistance animals are quite common. Although associations make decisions based upon the association’s Covenants, Conditions and Restrictions (CC&Rs), policies and what they believe is in the best interest of the community

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Condominium Safety: States Are Taking Action

Learning comes from experience, and when it comes to condominium and cooperative association (“association”) safety, states are taking action based upon what they have learned.

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Consistency and Care Help to Mitigate the Risk of Discrimination Claims

You’re going about your business as a board member, reviewing various requests made by homeowners in the community. You base your decisions on what you think is best for the community, in light of the Covenants, Conditions and Restrictions (“CC&R”) and other relevant documents.

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Co-op Treasurer Fraud

This scenario highlights why the board should not appoint a single person to be responsible for the funds of the association, and provides some tips on how to help minimize the risk.

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Debit Card Fraud

Debit cards are particularly dangerous because they do not require dual signatures and the funds come directly from the HOA accounts. This scenario highlights what can happen if a debit card is stolen and misused, and provides some tis on how to help minimize the risk.

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Discrimination represents the number one claim driver, comprising 18% of all claims.1

Read an example of a successful discrimination lawsuit brought against a homeowners association based on disability, age, and gender.

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Do Your Pool Rules Comply with Anti-Discrimination Laws?

A homeowner, condominium, or cooperative association (“association”) should consider the safety and enjoyment of its owners and guests when they are at the pool.

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Dues, Assessments, and Foreclosures During the Pandemic and Beyond

The COVID-19 pandemic has disrupted life on a global scale. Businesses slowed or stopped completely. Unemployment was at record numbers; and although businesses are reopening their physical locations and the rollout of COVID-19 vaccines

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Embezzlement

Together with our partner CNA, we’ve put together an insightful crime claims scenario and risk control tips exploring embezzlement and the importance of conducting due diligence to prevent third-party scams.

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Property Manager Accounting Fraud

This scenario highlights what can happen if a Property Manager submits fradulent invoices to be paid by an HOA, and provides some tips on how to help minimize the risk.

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Reserve Studies: An Important Resource, Required or Not

As a board member, have you ever thought about what would happen if a routine inspection of your community uncovers serious structural defects requiring immediate repair either due to a construction defect or the impact of weather over time?

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Responsibilities of a Board Member

Being a member of a Community Association Board involves many responsibilities including fiscal responsibilities, preparing the annual budget, and understanding state requirements. Board members owe the community a fiduciary duty.

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Social Engineering

Provide social engineering training to employees and board members to reduce the likelihood they will fall prey to social engineering schemes. Learn how to recognize some of the common signs of social engineering attacks.

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Social Engineering - Insurance Premium Scam

Provide social engineering training to employees and board members to reduce the likelihood they will fall prey to social engineering schemes.

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The Association as an Employer

You may have run for a position on your homeowner, condominium or cooperative association (“Association”) board as a way to meet your neighbors and to have a say in questions that impact you and the community.

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Top Ten Claim Drivers

Start the New Year off right! Take a look at the top reasons community members bring a claim against the association. Learn from what others have experienced so that this year can be your best year yet!

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Webinar: Not All Discrimination is Intentional

IHG Invites you to watch the webinar "Not All Discrimination is Intentiona l", originally presented by IHG and CNA on May 2nd 2024.

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What it Means to be a Member of the Board: An Onboarding Guide

Being a board member of your condominium, cooperative, homeowner or community association (the “association”) means taking on real responsibilities that go beyond planning events or picking new furniture for the common areas.

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Webinar: The Potential Impact of Architectural Review Committee Decisions

IHG Invites you to watch the webinar "The Potential Impact of Architectural Review Committee Decisions", originally presented by IHG and CNA on October 10th 2024.

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