No. No one is liable for an act of nature. The Homeowners Association's master insurance policy should cover damage to property owned by the association.
Personal lines insurance typically does not include coverage for homeowners' associations. Homeowners' associations typically have their own insurance policies to cover their common areas and buildings. Individual homeowners may choose to purchase personal lines insurance to cover their own property within the homeowners' association.
It all depends on the terms of the association contract you signed when you bought your property. There are all kinds of arcane language limiting a property owners rights in the HOA's. That's why I never buy property in an HOA.
Individual associations are governed by their governing documents. In Texas, you can review the Property Code -- Chapter 209 -- Texas Constitution and Statues and pay particular attention to the type of association of interest.
Property Owners' Association (similar to Homeowners' Association)
If the subdivision is subject to a Declaration of Restrictive Covenants that include a homeowners' association then your property is subject to mandatory membership.
Generally, associations are defined in the land-use documents filed by the developer at the time the property was originally developed. As well, an association may choose to be a corporation, in which case, this notification is filed with the secretary of state. There should be no secret in public records that an association exists.
The right to privacy act does not typically address homeowner associations specifically. However, in the context of a homeowner association, the disclosure of legal actions taken by the Board of Directors against a homeowner for a violation of covenants is usually governed by state laws on homeowner associations and property rights, as well as the association's governing documents like its bylaws or CC&Rs. Homeowners should review these documents to understand their rights and the association's obligations regarding disclosure of legal actions.
Yes, a homeowners association can restrict a homeowner from displaying a for sale sign in their front yard. In many cases, homeowners associations have rules and regulations regarding the appearance and use of the community's properties. This can include restrictions on signage, such as for sale signs, to maintain a certain aesthetic or preserve property values. Homeowners should review their homeowners association's covenants, conditions, and restrictions to understand any limitations on displaying signs on their property.
A homeowners association cannot be a mandatory association without the consent of 100% of the property owners in the development attempting to establish an association. In addition to the consent of the property owners, the association must follow certain procedures and file the proper documents in order to subject the property to the association's rule.
Robert G. Natelson has written: 'Law of property owners associations' -- subject(s): Homeowners' associations, Law and legislation
A homeowners association does not have the authority to garnish wages. Garnishment of wages can only be conducted by a court order, typically in cases involving unpaid debts. However, homeowners associations may have the ability to place a lien on a homeowner's property or pursue legal actions to collect unpaid dues or fines.
Homeowners association Disclosure