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

[R.C. Rodman]

Greetings,
Here is the letter from the insurance company and the policy, fyi.
Rosamond

On Wed, Jan 20, 2021 at 7:34 PM Lauren Rich via Everyone <
everyone at chelseaplacedecatur.com> wrote:

> Sara, my vote is yes for us to cover Jimmy's insurance, if need be.
>
> On Wed, Jan 20, 2021, 5:31 PM Sara Crews via Everyone <
> everyone at chelseaplacedecatur.com> wrote:
>
>> 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:
>>
>>
>>
>>
>> To Everyone:
>>
>>     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*.
>>
>>
>> Mark
>>
>>
>>
>>
>>
>>
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>>
>>
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