Legal Question in Real Estate Law in California
Where in one�s documentation (HOA Insurance, CC&R�s, By-Laws and Articles of Incorporation) would one find out whether claims against the HOA�s insurance policy can be filed directly by a homeowner or whether they must be filed by the HOA Board? If it isn't addressed specifically in the documents, what would be the "default" mode of action?
5 Answers from Attorneys
The attorney you consult will tell you whom (if anyone) to sue, and how.
The "default" way insurance works is that it responds to claims against the policy holder, not the claimant. There are variations, as where the clamiant may be an "additional named insured" under the policy. Generally, however, it is up to the party who pays the premiums to assert the claim on the insurance.
The responses may not be entirely clear. Report the claim to the property management company who will report it to the insurance carrier but also make sure the manager reports it to the HOA Board.
I agree with Mr. Whipple. It depends on who the "insured" is under the insurance policy. If you are not an insured, you can't make a claim.
You have gotten correct answers. To address your specific question more directly, however, you will not find it in any of the documents you list. It is a matter of insurance law, not a matter of HOA governance. Only the person(s) or entity(ies) who are named as insureds in the insurance policy has/have any rights to make an insurance claim.