a female hand putting a ballot in a ballot boxLast week we attended CACM’s Northern California Law Seminar and saw many of you! Thanks to everyone who stopped by our booth, and especially to those who played our “Insurance on Broadway” game – it was a lot of fun!

During the Expo, Brent from Associa Northern California had a great question for us! “Will an association’s D&O policy cover a unit owner acting as the inspector of elections?” After running across the aisle and consulting Alex Sohal, Esq. from Adams | Stirling Professional Law Corporation and our very own Michael Berg, CIRMS, here is the answer:

As long as the homeowner is a volunteer and is a duly appointed or elected member of the board or committee of the board, the individual will be included as an insured under the D&O policy. I suggest formally creating a committee, or ad hoc committee, to address elections, and name that person or persons in the minutes of a board meeting before taking action. Also, it is important for the HOA to work closely with legal counsel to ensure legal aspects of the process are addressed.

Thanks to Alex and Mike for your identical answers! Brent – you will receive a gift card for coming up with a great question!

Terri Guest, CIRMS, CMCA is the Northern California Sales & Marketing Representative for Berg Insurance Agency and can be reached at Terri@berginsurance.com