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Don’t try to cut corners by dropping condo’s flood insurance.

Q: We own a unit in a small condominium. Until recently, we have had flood insurance althoughwe are not in a flood zone. Nowa newowner is pushing for it, and the board is caving in. Are they legally required to have flood insurance if most owners do not want to pay the extra expense through our dues? – Shelley

A: Flood insurance is one of the most important investments for any homeowner to make in insuring their continued ability to keep the home. Due to theway that the insurance industry is structured, other types of insurance, such as the standard hazard policy that every homeowner should have, specifically exclude what flood insurance covers. Flood insurance is often government subsidized, making it very affordable. It is a mistake for any property owner who lives in or near a flood zone to not have this coverage.

The lawrequires your condo’s leadership to use its best effort to fully insure itself, the condo’s common areas and property for its full insurable value. Some boards will try to evade this relatively small expense by pointing out that the lawdoes not specify what types of insurance must be maintained or that they are not in a flood zone. However, recent instances of rising water have shown us that flood insurance indeed is necessary. Other boards content themselves that concerned owners will insure their own units, but that coverage will not help when the common areas are damaged or destroyed.

To put it simply, it is potentially negligent for a board not to use its best efforts to fully insure the condo, including getting flood insurance. If a board purposefully does not do this, perhaps to save money, members are potentially exposing themselves to liability.

It is important for every board to try to keep the budget reasonable and save their neighbors fromunnecessary expense. But this is not the place to cut corners.

Board certified real estate lawyer GaryM. Singer writes about industry legal issues and the housing market at SunSentinel.com/business/realestate each Friday. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.