[Everyone] Urgent! Possible loss of our Association's common areas insurance coverage.

[Sara Crews]

Why were we left in the dark about the CAU's letter dating back to July 30, 2020?  These repair issues should have been brought before the entire HOA upon receipt of the letter.  The matter was brought to light during our virtual reality meeting in December, but I don't recall being made aware of the deadline.  In reviewing Risk Management's repair list, it's my opinion that it will be near impossible to carry out their requirements prior to the February 16, 2021.  (I've been waiting since June for my regular handyman to make some repairs for me.)  Also, these repairs are going to be rather costly and some may take several months to complete.   

The clause that is of greatest concern to me is CAU's requirement re. all contractors must have General Liability Insurance.  While our landscaper, Mr. Jimmy Ringer has fully covered medical insurance, he does not have liability insurance.  He has worked for Chelsea HOA for a long time and has always performed far beyond our requests.  Is the HOA willing to assume the cost of Mr. Ringer's annual liability insurance?  I have no idea how much an annual liability policy cost, but I feel certain Mr. Ringer will not agree to purchase such a policy.  If we have to seek out a landscape company, their cost will consume most of our monthly HOA fees which will mean a need to increase our monthly rate for the first time ever.  Just to give you an example of the HOA's cost some 34+ years ago, we paid a landscape company $500 per month just to blow off the common area.  If trees/shrubberies/flowers needed to be planted or removed, there were additional costs per plant; when pine straw needed to be installed twice each year, it cost HOA above the going rate for 100 bales, plus $1 for each bale put down; if limbs needed to be pruned, there was yet another add-on; and if RoundUp and Weeds Be Gone was used, there was cost for the product, plus the cost to apply it.)  

Needless to say, I am perplexed about this matter and request we hold a virtual reality meeting ASAP.

Sara


1 3:57 PM Mark Bussey via Everyone <everyone at chelseaplacedecatur.com> wrote:

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>         > >         To Everyone:
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> >             I spoke with Christy of Dreher Insurance Agency this morning.  She is our insurance agent for Chelsea Place Association's policy of coverage with CAU for our common areas, (such as the stream-bed, the driveway, some walkways, etc).  On July 30, 2020 the Association was sent a letter, (attached), from risk management at CAU advising us that we needed to make certain "repairs" to the property to reduce our liability exposure: repairs for which they requested a "response," (ie. the repairs), by September 30, 2020.  To my best knowledge we have not made any of these repairs yet.  Because of this letter we are now on notice of particular 'defects" to our property if someone comes onto our common areas and is hurt. Christy advised me that we must make the repairs/adjustments listed in the letter by our insurance renewal date, (which I believe is February 16, 2021), or CAU will not renew our coverage and we will then all be financially exposed if someone is injured on our common property.  I asked if it would be sufficient to CAU if we had some of the repairs underway by our renewal date and she said that she wasn't sure, that she could not speak for CAU Underwriting.  Her words were that "they may or may not give you an extension of time to make the repairs" even if they are underway by February 16, 2021.
> >             Of course each of us has, or should have, a separate policy of insurance coverage for our private town-homes and our small, attached land areas.  You may or may not be covered by that personal policy for any claims arising our of an injury on the Association property/common areas: that is something you will need to discuss or negotiate with your own property carrier and hope they follow through if/when you need them.
> >             My first question is to Dave: have you, or to your knowledge anyone else, taken any or some action to address the "fixes"required by CAU in the July letter, and if so, please let us all know the status of that by tomorrow morning.  If not, we all need to move on this immediately or we will lose our common area insurance coverage.  
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> >         Mark
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