Wednesday, June 8, 2011

Service and Repair to HOAS

I have been meaning to post this earlier because of the frequency of questions we are getting lately on working for HOAs (a RED FLAG). While most general liability policies have no issue with you working for a unit owner, doing service and repair for the association is another story entirely and most carriers exclude this type of work.

The carriers that have no exclusions for HOA service and repair are few and far between. Lately we have seen carriers that let you schedule on an association to un-exclude for the particular work you are doing. But, the problem here is you had better make sure you can schedule on that particular job well into the future with all future carriers. Scheduling on the prior HOA service and repair jobs you have done in the past is questionable. Carriers may not do this in the future, or you may not remember to schedule on a go forward basis and you could be stuck going to a much higher priced general liability carrier. And this is what I mean by married to your work.

Assume nothing happens on the association job you are doing, no premises claim, no one slipped or you did not do any property damage. You still have potential defect claims into the future possible up to 10 years and a possible bodily injury claim even beyond that.

So, choose your jobs carefully because it is almost impossible to divorce yourself of your prior work.

And to be clear no General Liability policy allows or new condo construction and condo conversions.