A new court decision highlights the critical importance of meticulous record-keeping and proactive due diligence for condominium boards, especially when it comes to insurance coverage.
In the case of Wong v. Board of Managers of One Sunset Park Condominium, a New York court denied the Condominium Board’s motion for summary judgment due to insufficient evidence demonstrating that the Board acted within its authority and in good faith when procuring and renewing its fire insurance policy. This case serves as a stark reminder for property managers and boards about the potential pitfalls of inadequate insurance coverage and the legal ramifications that can ensue.
Key Takeaways for Property Managers and Boards:
- Meticulous Record-Keeping is Paramount: The Board’s failure to provide adequate documentation of their decision-making process regarding insurance coverage was a crucial factor in the court’s decision. Boards must maintain comprehensive records of all discussions, consultations, and decisions related to insurance policies. This includes:
- Meeting minutes detailing insurance discussions and decisions.
- Copies of all insurance policies, renewals, and amendments.
- Documentation of consultations with insurance brokers and legal counsel.
- Records of any appraisals or assessments used to determine replacement cost.
- Regularly Review and Update Insurance Coverage: The case highlights the danger of complacency when it comes to insurance. The Board renewed the same policy for several years without reassessing the coverage amount, potentially leaving the building underinsured. Boards should:
- Conduct periodic reviews of their insurance policies, ideally annually.
- Obtain updated appraisals of the building’s replacement cost regularly.
- Consult with insurance professionals to ensure coverage remains adequate.
- Reassess insurance needs after any significant changes to the building or its surroundings.
- Understand and Adhere to Bylaws: The court emphasized the importance of the Board acting within the scope of its authority as defined in the bylaws. Boards must be intimately familiar with their bylaws, especially those sections pertaining to insurance requirements.
- Prioritize the Interests of the Condominium: The court’s decision to allow the addition of a breach of fiduciary duty claim underscores the importance of board members acting in the best interests of the condominium and its unit owners. Avoid any actions that could be perceived as self-dealing or prioritizing personal interests over those of the condominium.
- Seek Expert Advice: Consult with insurance brokers, legal counsel, and other relevant professionals when making decisions about insurance coverage. Document these consultations and maintain records of the advice received.
Failure to heed these lessons can lead to serious consequences, including:
- Financial Liability: As seen in this case, inadequate insurance coverage can leave the condominium and its unit owners financially vulnerable in the event of a major incident.
- Legal Disputes: Disputes with unit owners over insurance coverage can be costly and time-consuming.
- Damage to Reputation: A failure to adequately protect the condominium’s assets can damage the Board’s reputation and erode trust among unit owners.
By proactively addressing insurance needs, maintaining thorough records, and acting transparently, property managers and boards can minimize risks and ensure the long-term financial health and stability of their condominiums. Here is the Court’s decision.
