D&O insurance is a critical component of any HOA's risk management strategy. It: Protects board members' personal assets from the financial consequences of claims. Encourages volunteers to serve on the board by providing a safety net against personal liability.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
An HOA's governing documents are usually in the form of a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. The CC&Rs explain the rules of the HOA community, while the bylaws cover how the HOA operates.
Without insurance, these incidents could lead to serious financial strain on the HOA due to potential liability claims. Insurance acts as a shield, covering legal fees and settlements so that one unfortunate slip-and-fall doesn't derail the budget of a homeowners association.
How long do covenants last? Crazy as it seems, HOA covenants do expire in many states, lasting only 30 years. Beyond that, covenants can become unenforceable. Associations can essentially undo this, though, with the help of covenant revitalization.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
In California, liability coverage is a key part of HOA insurance that protects the association against property damage and personal injury claims. Smaller associations must carry at least two million dollars in Commercial General Liability coverage, larger ones must have at least three million dollars.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
The Davis-Stirling Common Interest Development Act is a body of laws that govern HOAs in California, including rights and requirements regarding board elections, finances, maintenance responsibilities, dispute resolution, and many other matters.