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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 32587
Experience:  30 years of real estate practice experience.
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Under Pennsylvania condominium law can a condo community have

Customer Question

Under Pennsylvania condominium law can a condo community have their bylaws include. A requirement for homeowner s to carry. A certain amount of. Liability insurance on there own individual policy (not the association policy)
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
Is this policy naming the association as an insured?
Thank you.
Loren
Customer: replied 1 year ago.
The association policy names the condo association as the insured but individual policies would carry contents....which Association insurance does not.. .and carry additional individual liability. In addition to the Association master policy
Expert:  Loren replied 1 year ago.
Thank you for the additional information.
The can require certain insurance coverage, but if it does not name the association I am not sure what the point would be.
So, if the bylaws provide, they can require a policy to cover contents. It is not prohibited, per se, by PA statutes.
What is the penalty for noncompliance?
Thank you.
Loren
Customer: replied 1 year ago.
PA uniform condo Act states a condo association can not prevent an individual from carrying individual insurance (section 3312?) But can they REQUIRE a minimum $300,000 individual liability for all homeowners......... $1000.00 fine initially plus additional charges for each month in non-compliance
Expert:  Loren replied 1 year ago.
If it is duly adopted in the bylaws then it is not illegal. Was it voted on as an amendment to the bylaws?
Customer: replied 1 year ago.
No
Expert:  Loren replied 1 year ago.
Then it is not something they can enforce.
Expert:  Loren replied 1 year ago.
They can not amend the bylaws without putting it to a vote by the members.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?