Can an owner file a claim against an insurance policy purchased by the Association without going through the Community Manager or Board of Directors?
SB 06-89 clarified that an owner must first file a claim in writing with the community manager and/or the Association Board requesting that a claim be filed against the master insurance policy for the Association. The community manager and/or Board then has 15 days to respond in writing if they are not going to submit a claim, including the reason(s) why. The owner also has to grant reasonable access to their unit to the Association’s insurance representative to inspect the damage. Obviously, if there is an immediate issue like a fire, a sewer backup or water break, the community manager would typically handle the problem, with or without initiating a claim. The intent of Senate Bill 06-89 was to allow the Association the right to screen any claims that may not be covered under the Associations insurance policy and to allow the Association to respond to a claim without filing a claim with the insurer. For example, claims below the Association’s deductible or claims that do not fall und
