| | personal properties. The application of coverage, as modified by the exclusions and exceptions, raises questions about the title (comprehensive) for this new homeowners form.
Homeowners 6 - Condominium Unit Owners Form
Cooperative apartment ownership has been known in this country for many years. Because of the income tax advantage it offers, this type of ownership is widely spread. Cooperative unit owners commonly speak of their "owning" their apartments; but, technically, they are tenants under a proprietary lease granted to them by virtue of their stock ownership in the corporation which owns and operates the building.
The owner of stock in a cooperative building insures his personal property in much the same way as any other tenants. The corporation requires insurance on the building-liability, workers compensation and allied lines-which does not differ substantially from the coverages an individual owner would purchase.
The laws in most states provide for a form of ownership in which each owner actually owns the unit he occupies in absolute fee simple. With a condominium, the unit-owner has exclusive ownership of the condo unit, like the owner of a house. The unit owner shares with all other unitowners the "common areas"- the land the building sits on, hallways, entrances, exits, elevators, passageways, fire escapes, heat boiler, light and power facilities, yard and roof facilities, water supply, etc. Each unit, together with its common interests, constitutes real property. A condominium does not have to be an apartment building; it can be a building of almost every description, e.g., office, mercantile, and shopping centers.
The owner of a unit in a condominium is not involved in a common mortgage, as in the case a cooperative apartment owner; the condo owner arranges his own financing when buying into the condo project, or he may own the unit outright.
While there are some differences among the various states in the laws governing condominiums, they all provide that the payouts from insurance be used as promptly as possible to make repairs or reconstruction after a covered loss. Such repairs are to be overseen by the board of managers, or other individuals designated as insurance trustee, except that in most jurisdictions, it is further stipulated that, when the damage exceeds 75% of the property and at least 75% of the unit owners decide not to have the repairs made, the property shall become subject to an action for partition at the suit of any unit owner. The proceeds of the sale of the property are divided among the unit owners in proportion to their respective common interests in the condo project.
The condominium association carries insurance on the building structure and the property in the building which is owned by the unitowners in common. Under the terms of the condominium by-laws, the condo board of managers or other agent is designated to act as insurance trustee for the unit-owners collectively. Any loss to the building property or the personal property pertaining to the common area is payable to such trustee on behalf of all the unit owners. Of course, each owner is free to insure his own unit as he sees fit. The Homeowners 6 - Condominium Unitowners Form, is available to cover the individual unit-owners, and the stockholder-occupant of a cooperative apartment unit.
CAUSES OF LOSS COVERED
The HO6 – Condominium Unitowners Policy is written to cover the perils afforded under the Homeowners Form 2. It may also be endorsed to cover on an "open perils" basis similar to that of the Homeowners Form 3.
Unitowner's Additions and Alterations - The HO6 covers fixtures, installations or additions comprising part of the building within the unfinished interior surfaces of the perimeter walls, floors and ceilings of individual condominium units. The coverage applies to original installations or replacements thereof in accordance with the original condominium building plans and specifications, or improvements installed at the expense of the unit-owner.
Unlike the Homeowners 4, the policy provides for coverage on property on a replacement cost basis, provided such repair or replacement is made within a reasonable time after the incident. Coverage may be written on a named-perils basis or on an all-risk basis.
It should be noted that if the repairs or replacement are not made within a reasonable time after the loss, the insurer’s liability is limited to the actual cash value of the loss or damage, less any amount salvaged in the recovery for the benefit of the insured for such loss from any insurance covering the interest of the unit owners collectively.
The coverage on fixtures, alterations and additions under the Home Owners 6 is limited to $1,000, regardless of the insurance amount carried on the property itself. This is additional insurance over and above the amount of the policy. (This portion differs from the HO4, which allows up to 10% of the amount of the basic policy to cover such property.) The amount of coverage may be increased in additional units of $1,000 by way of an endorsement, for an additional premium.
Whether the amount of the basic insurance offered under the Unitowners Additions and Alterations coverage ($1,000) is sufficient will depend on the insurance carried by the condominium association.
If the condo association policy covers only the "bare walls" of the building, the unit owners will need to increase the basic coverage in their HO6 under this section to cover all interior walls; the paint and wall paper, wall paneling, plumbing, wiring; carpeting, tile, floors, stairs between the lowest floor and the highest ceiling, etc.
The amount of increase under the Unitowners Addition and Alteration coverage will differ if the association insures the entire building structure as originally built but not any improvements and betterments made by succeeding unitowners, etc.
Debris Removal - The policy covers damage to insured property by the fall of an uninsured tree from a covered peril in the policy.
Unitowner's Rental to Others - For an additional charge of 25% of the basic premium, the policy may be amended to cover when the condominium apartment is rented by its owner to others.
MY Insurance Agency
The materials on this website are meant to be informative in nature. Due to the ever changing and varying state laws, and the fact some insurers offer coverage in slightly different forms from the Insurance Services Office (ISO) standard forms, we cannot guarantee the accuracy of the materials on this page.
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