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FL HOA demanding homeowners insurance

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nangolfer

Junior Member
My HOA has requested a copy of my declarations page of my homeowners insurance here in Florida, but have only requested it from me because a neighbor reported me. There are over 300 homeowners in this community and I know for a fact of several on my street who do not have insurance.
The by-laws state, "each owner shall purchase homeowners insurance insuring his Villa at not less than full replacement value." No where in the by-laws does it state that homeowners must furnish the association a copy of the declarations page of insurance coverage, nor any renewals of such.
I am proceeding to purchase insurance, but feel I am being discriminated against since this is not something they are requesting of ALL homeowners. Do I have any legal recourse? They are threatening me with court fees and liens.
 


justalayman

Senior Member
My HOA has requested a copy of my declarations page of my homeowners insurance here in Florida, but have only requested it from me because a neighbor reported me. There are over 300 homeowners in this community and I know for a fact of several on my street who do not have insurance

have you reported those you know for a fact do not have insurance?
 

nangolfer

Junior Member
No I have not reported them

have you reported those you know for a fact do not have insurance?
there are probably as much as 1/3 of homeowners in this community without insurance. We are not a condo association, but rather a home owners association. Therefore we are not governed by the stringent Florida condo laws. I own my home outright and don't believe they can force me to get insurance. I'd prefer to not pay for insurance other than a basic policy covering for fire, etc. The cost of wind damage insurance is outrageous here!
 

justalayman

Senior Member
You didn't answer the question but decided to post a rant on your claimed rights.

When you purchased the house you were aware of the HOA, right? You were aware that by purchasing the property you were required to abide by the HOA CC&R's, correct?

well, if one of the rules say you must maintain insurance, then yes, they can make you buy insurance. If you didn't want to abide by the HOA CC&R's then you should not have purchased where you did.


but feel I am being discriminated against since this is not something they are requesting of ALL homeowners.
so far, the only person I am aware of that the HOA is aware of not having insurance is you. How can they be discriminating if you are the only one they are aware of that is not following the rules. Turn in all the people you know do not have insurance and see what happens. If they do not demand they obtain insurance, then you might have a basis for your complaint.
 

sandyclaus

Senior Member
My HOA has requested a copy of my declarations page of my homeowners insurance here in Florida, but have only requested it from me because a neighbor reported me. There are over 300 homeowners in this community and I know for a fact of several on my street who do not have insurance.
The by-laws state, "each owner shall purchase homeowners insurance insuring his Villa at not less than full replacement value." No where in the by-laws does it state that homeowners must furnish the association a copy of the declarations page of insurance coverage, nor any renewals of such.
I am proceeding to purchase insurance, but feel I am being discriminated against since this is not something they are requesting of ALL homeowners. Do I have any legal recourse? They are threatening me with court fees and liens.

If you know that the by-laws require you to have homeowner's insurance for your villa, then there is no reason you shouldn't be required to present proof of insurance upon request in order to show your compliance.

If you are "proceeding to purchase insurance", then that means you are not in compliance with the by-laws, because you do NOT have insurance. You're not being discriminated against. You got caught red-handed and they are forcing your compliance, or else they will sue you in order to protect their interest.

Whether or not the OTHER homeowners do or do not have current homeowner's insurance is not your problem, NOR your business. However, if you feel singled-out (and rightfully so, since you don't have the required insurance coverage), then you go right ahead and tattle on the OTHER neighbors who also have no insurance - then you can all bitch and gripe together about how controlling the HOA is bullying you all into being responsible homeowners and neighbors in your little community by requiring you to have proper insurance for your villas.
 

festival

Member
If you think that this bylaw is unpopular due to the expense of insurance, then consider amending your bylaws. Ask your neighbors what they think, ask the board to put it on the agenda for discussion, start a petition, etc. See if there is really support for reducing the insurance protection for your community.
 

TinkerBelleLuvr

Senior Member
Because you said "villa", your home is not a stand alone home, is it?

I am very aware of the provisions of 720. The bylaws are a contract between YOU and the HOA. You agreed to the terms when you purchased your "villa". If you don't like it, then if you can get the percentage of people (check your docs) to modify it, go for it. But, until said time, you must abide by the terms that you bought into.
 

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