What is an HOA?
HOA's consist of volunteer board members that contribute to the development of rules, regulations, improvements and maintenance of their respective buildings. Their work creates value to the homeowners by helping to plan and supervise the administration of their common property.
Board Member Risks
The decisions undertaken by the Board of Directors may create risk to third parties, mainly against homeowners which may cause them to take action against their board members. Both administration and board of directors are at risk of lawsuits against them regardless of its justification. Lawsuits create huge expenses with serious legal repercussions. It is not unheard of that jail time has been used in sentencing. The list below shows some possible scenarios where a board member could be held responsible by a third party.
Keep in mind that the approach to lawsuits in Mexico is changing in expat communities mainly because foreigners come from a culture that has a more litigious nature. There is a higher risk if there are contracts or agreements signed where the "applicable legislation" is from those countries.
E&O Insurance
An Errors and Omissions insurance policy is specifically designed for board members and administrators of homeowner’s associations in Mexico. It was created by Novamar years ago, and now is actively presented and purchased in major resort areas by homeowner’s associations throughout Mexico. The advantage to HOA's approving the purchase of a Legal Liability insurance policy is that the boards are seeing an increase in the numbers of people willing to volunteer for board positions.
Coverage Details
This Professional Legal Liability insurance policy insures the board members and administrators by, protecting them individually for lawsuits initiated by their fellow homeowners and other third parties. This coverage is otherwise not included in the general liability section of their Master Insurance Policy. (The general liability insurance included in each Master Insurance Policy for an HOA only protects the board as an entity; i.e.; the AC in Mexico, not each individual board member).
Contact Information
This unique and exclusive policy in the market, created by Novamar in Mexico, protects the Homeowners' Association Board and the Administration Staff for errors and omissions in case they are sued.
Legal expenses included: The insurance company will assign the lawyer who will act in your defense. With this product the insurance company (GMX Seguros) agrees to pay the compensation that the Insured owes to a third party as a consequence of the Professional Civil Liability coverage, the damages comprise the loss or impairment of the assets of the Insured clients (Condo owners) caused by malpractice, inexperience or negligence, and the deprivation of any consequential lawful gain to the loss or damage of such assets.
*This policy excludes the countries sanctioned by the OFAC (Office of Foreign Assets Control
