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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114019
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Is there any recourse when an HOA will not get Flood

Customer Question

Is there any recourse when an HOA will not get Flood insurance foe a small portion of the whole area that is in a flood plain. They are not FHA or Hud approved, Conventional loans new guidelines say that no one can lend money unless there is flood insurance, at this point we cannot sell our place and are forced to stay here, We have already lost 1 sale. We are told that our unit and the few others in the flood plain are DOOMED, their word,
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Indiana
JA: Has any paperwork been filed?
Customer: There has been a lot of conversation, but no one seems to know what to do next
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
All you can do is get the members of the HOA to propose a bylaw change to force the HOA to purchase the insurance. The HOA is controlled by its members and if the members propose a bylaw change to mandate coverage of insurance OR at least force the board to seek a Letter of Map Adjustment to remove the flood plain (LOMA) with FEMA to remove the need for the flood insurance. That is the only recourse that the owner/members of the association can take to make the board take action.