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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2228
Experience:  Experience in residential real estate and commercial leases.
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I live in a condo in vero beach the board of directors whom

Customer Question

I live in a condo in vero beach the board of directors whom some people here believe are less than honest have replaced our admitted insurance co with a nonadmitted carrier from last year. why no one seems to know. everyone very upset. board does not care. is this legal?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: florida
JA: Has any paperwork been filed?
Customer: as far as I know they are doing it now we had vero insurance co who was reputable people think someone on the board has a friend something here is wrong
JA: Anything else you want the lawyer to know before I connect you?
Customer: we went thru this last year and the people stopped it at a meeting now they did it when people were not here and many were not informed
Submitted: 15 days ago.
Category: Real Estate Law
Expert:  J. Warren replied 15 days ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

I am sorry you are dealing with this situation. Unless a condo's bylaws/declaration specifically states that insurance must be maintained by an insurance company that maintains a certain rating, the law requires only that the association maintain adequate insurance. Here is the statute that requires insurance: www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html

However, if the owners of an association are concerned about the board activity and certainly if there is a conflict of interest among a board member, the homeowners may act by voting out the current board, call for a special vote by the owners to change the insurance company and bylaws to require a rating standard or may file a lawsuit against the board for breach of fiduciary duty.

Prior to taking any action, it is understandable in this situation why the owners are concerned. I would suggest contacting the Florida Condo Ombudsman and inquiring as to what assistance is available to try and resolve this matter amicably prior to resorting to local counsel to assist with board removal or special voting. The ombudsman office information and contact link is provided here: www.ccfj.net/ombudsman.html

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.