Communications

COVES AT ABERDEEN CONDOMINIUM ASSOCIATION, INC.

SUBROGATION CLAUSE

Dear Members,

The Board has received requests from some homeowners to remove the waiver of subrogation clauses set forth in Article XII of the Declaration of Covenants and Restrictions. The language set forth in the Declaration is the original language as drafted by the Developer. At this time the Board is not inclined to remove the waiver of subrogation as we believe the provision will help prevent the Association and Owners from potential costly and lengthy litigation.

What is the subrogation?

Subrogation allows an insurance carrier to recover from the party responsible for the damage (person at fault) the costs and damages it pays to or on behalf of the insurance carrier’s insured (the person who sustained the damage). For example, person A is injured or damaged by Person B. Person A makes a claim with its insurance carrier and gets paid by its insurance carrier. The Insurance carrier then seeks to recover from Person B the amount of the damages paid on Person A’s claim.

Waiver of subrogation prevents the insurance carrier from recovering from the person at fault the damages it paid to the carrier’s insured.

XII, Paragraph A and C of the Declaration requires both Owners and the Association to have their insurance carriers waive its right to subrogation. Thus, waiver of subrogation is intended to protect an Owner if the owner is the party at fault, protect the Association if the Association is at fault, and potentially avoid lengthy and costly litigation over the claim.

Propane Grills

REMINDER!

 Please be advised that Florida fire code requires all 1st floor units to place their propane grills at least ten (10) feet from the building.

2nd floor units are not allowed to grill on their lanais.

 Thank you.