
Owners Association
Insurance for Homeowners Association
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All about insurance for Homeowners Association
A liability claim can have major financial consequences both for the Owners' Association (VVE) and for the board members individually. This is because board members are jointly and severally liable, and in the event of a claim, their private assets may be claimed. Directors' liability insurance protects you as a director of an Association of Owners if you are held liable for mistakes made while performing your duties. Even if you are claimed in your private assets. Here it does not matter whether you receive compensation for your work or not.
The insurance is intended for directors and supervisors both in office and resigned or yet to be appointed. In addition, the entire board is insured. The special directors' liability insurance VVE policy is intended for:
- all directors and supervisors
- legal successors and spouses
- presidents of meetings of the Owner's Association who performs acts of management at the Owner's Association
- persons performing acts of management but who are not formally and statutorily designated as directors
- outside directors
- Owner associations with negative equity
- Owners' Associations without a reserve fund in accordance with Article 5:126(1) of the Civil Code (each Owners' Association must maintain a reserve fund to combat other than ordinary annual costs)
- 'Dormant' Owners' Associations where no director is appointed, no periodic maintenance and meetings take place
Owners' associations: to insure directors' liability or not?
In practice, a director can be held liable for private assets from both inside and outside the Owners' Association. With increased claim awareness and changing laws and regulations, directors are increasingly at risk of being held liable by third parties, the Owners' Association or members of the Owners' Association. The following are a few examples:
Replacing roofing
At the meeting of the Owners' Association it was decided to replace the roofing completely. The Owners' Association commissions the local roofing contractor without investigating the company's financial position. The Owners' Association transfers a large sum of money to the roofing company as a down payment. The roofing company goes bankrupt fairly quickly, causing the Homeowners' Association to lose its down payment. The Association moves to hold the board members liable for the financial loss.
Installation of an electric entrance gate
It was decided to have an electric entrance gate installed so that the grounds of the residential complex would be properly secured. One of the board members of the Owners' Association hired a contractor and commissioned him to install the gate. The contractor is incurring substantial costs and is letting other jobs slide. However, it turns out that there is not enough money in the coffers, which prevents the Homeowners' Association from fulfilling its contract. As a result, the contractor suffers considerable damage and starts making claims on the board members' private assets.
To cover the risks a director faces for mistakes made while performing their duties, you can purchase directors' liability insurance for Homeowners' Associations.
Directors' liability insurance premium
The premium of a directors' liability insurance depends on the organization for which you take out insurance and the amount to be insured. Below is an overview of the premiums of the various policies. Prices are indicative.
Indicative premium for Owner Associations
Sum insured | Premium per month |
---|---|
€ 100.000,00 | € 17,= |
€ 250.000,00 | € 22,= |
€ 500.000,00 | € 30,= |
€ 1.000.000,00 | € 43,= |
€ 1.500.000,00 | € 54,= |
€ 2.000.000,00 | € 66,= |
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