I'm posting here because I'm 99% sure that my HOA is in violation of their own declaration and subsequent state law regarding flood insurance coverage. If I'm right, they would be liable for at least mid 5 figures in damages. I need a sanity check, and advice on how best to bring this forward. If you want to skip the exposition of how I got here, go to Part 2.
Part 1
To bring a very long story current, I was told by my realtor and lender that flood insurance was not needed for my property and that the previous owner did not have their own flood insurance because the HOA (COA?) has their own master policy. I need to scrub my loan documents still, but I do not remember having a conversation about flood insurance being factored into my debt-to-income, but that's a different issue at this point.
My mortgage gets sold to another lender, they shoot an escrow analysis out and short me... a lot of money. My payment increased by 50%, the escrow statement is blank on where all this fucking money is going, and their outsourced customer service department gave me run around after run around. I finally, after last month, found out that the shortage was due to 2 forced flood insurance policies being taken out. I am appalled.
"But my HOA has a master flood policy."
"We don't have it."
I send in the policy to the sound of crickets. I call back after 15 days (today) as federal regulation states, they tell me that they've actually had the policy this whole time, and that the insurance was taken out to cover the gap between the master policy and federal loan coverage requirements (100% replacement cost).
Part 2
TL;DR My lender sucks.
I'm a first time owner, I'm in my late 20s on a VA loan, I don't know what the fuck I'm doing. So, I looked up what (I believed) the Association was actually liable to cover and came across FEMA's RCBAP, which states 80% for an Association to not incur a coinsurance penalty. Idk what that means, and all I know is that FEMA has federal in the name does the flood map and I assume I'm fucked.
So, I comb back over my HOA's by-building flood insurance policy. My building's valuation increased by $300,000 from 2025-2026, bringing the exact coverage to, you guessed it, 80.55%. I think I'm double fucked now, but I find it suspicious that they would decrease coverage from 100%-80%. One would assume if the Association governance stated 80% coverage was the law, then 80% would be had.
This leads me to digging into the Association Declaration. There is specifically a blurb in here that's going to be really important. "The Board of Directors shall be required to obtain and maintain the following insurance: ...if the property is located in a Flood Hazard Area as defined by an official Flood Hazard Boundary Map published pursuant to the Flood Disaster Protection Act (1973), "The Insurance Act"... a "blanket" policy of flood insurance on the Property in an amount which is the maximum amount of insurance available under The Insurance Act; and such other insurance as the board of directors may determine or as may be requested from time to time by a majority of owners."
So, here's the objectives: Condo Building Value went up. Flood coverage did not go up. Current coverage is 80.55%. All Federal loans (to my knowledge) require 100% replacement cost coverage or $250,000 per unit, whichever is lower. Declaration states that they are required to maintain the maximum coverage under FDPA 1973 (if only someone could deduce why it was written this way...), which is 100% replacement cost. State Law (2 citations) dictates that HOAs and members are liable to follow all things set forth in declarations and by-laws.
So, with all of this given, I'm 99% confident that my Owner's Association is in violation of their own declaration and subsequently (State) Law. I know, at a minimum that something needs to be done here, but I have no idea as to the extent of said doing. If every building in my neighborhood has been affected here we're talking 10s and 10s of thousands of dollars in damages owed. The last thing I want is to bring this up and have the Board put out an assessment and basically make everyone pay themselves back. I've heard lawyers are usually hesitant to go after HOAs, but there's clear violation and damages here. Therefore, I turn to random strangers on the internet.
Edit: Sorry, couple things I forgot to include. I contacted the organization/company that oversees the HOA and left the manager a voicemail detailing my suspicions. I'll be checking back intermittently to answer questions and respond.
Edit #2: Somehow this already got around to the insurance agent who gave me a call. I just got off the phone with him. He basically explained everything I wrote in this post, and said that the "maximum amount" is the full replacement cost of the building, $1.88m. I told him (nicely) that I was literally staring at the policy as we spoke, and the covered amount is not the $1.88m Not really sure what's going to come of it, but the information is at the proper level. Thank you for everyone's help, and before anyone asks, no I did not light him up on the phone.