Can a condoassociation require me to pay for my own flood insurance?

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Can a condoassociation require me to pay for my own flood insurance?

The land my condex is on just got rezoned to a flood zone and now needs flood insurance for the outside. I assumed it would be part of the associations insurance but since my unit is the only one they do not want to add it and want me to pay for it on my own. Can they do that?

Asked on August 23, 2010 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, they can not discriminate against you or your unit and not just add you to a policy that is required.  The policy would cover the entire structure.  But why is your unit the only one that has been rezoned?  Is it just because of where the land is located?  I think that you need to speak with a real estate attorney in your area and show him or her the problem on paper, so to speak.  If the land is owned by the condo association then they should have to pa the insurance that is additional tot he insurance they they already have in place.  But ask about the possibility - a very real one at that  - that they can raise your maintenance fees.  Good luck. 


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