HOA & condo fidelity bonds

Comparisons & Decision Guides

Required Coverage vs. Optional Additional Protection

Separate minimum fidelity requirements from a broader, documented review of an association's financial exposures.

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Reading time
8 minute read
Published
Published
In summaryA statutory or governing-document minimum is a compliance input, not necessarily a complete statement of the association's exposure or every coverage feature it may wish to evaluate.

Identify each potential floor

Applicable statutes may provide a formula, a qualitative standard, or no association-specific mandate. Governing documents, contracts, and lender or program requirements may add distinct obligations. Record each source separately rather than compressing them into an unsupported single number.

California illustrates an express statutory formula and allows governing documents to require a greater amount. Delaware requires fidelity insurance for covered communities to the extent reasonably available but provides no statutory dollar formula. Those state examples should not be applied outside their stated scope.

Compare the floor with actual exposure

An association's funds can fluctuate because of assessment cycles, reserve projects, insurance proceeds, special assessments, and transfers between managers or banks. A minimum calculated at one point may not describe the highest amount or every account at risk.

Use a documented exposure schedule that distinguishes operating cash, reserves, investments, temporary receipts, and funds held by others. Then compare the schedule with the protected-property, ownership, custody, and limit provisions.

Review layerQuestion
LawWhat applies, and what formula or qualification is stated?
Governing documentsIs a greater amount or different feature required?
ExposureWhat funds and access could exist during the period?
ContractWhich property, people, events, and limits are actually included?

Evaluate additional features by scenario

Beyond an amount, an association may evaluate manager and volunteer treatment, computer and funds-transfer events, impersonation or instruction-based events, client property, cancellation notice, and how multiple losses share a limit. Whether any feature is available or appropriate is a fact-specific insurance decision.

Confirm each feature in the complete contract. A broad product label may not include it, and a listed feature may not apply to every event. Definitions, exclusions, conditions, sublimits, and endorsements matter.

  • Which people can move or redirect funds?
  • What is the largest supportable funds-at-risk amount?
  • Which electronic and third-party pathways exist?
  • Are any limits shared or subject to sublimits?

Document a qualified decision

Retain the legal and governing sources reviewed, calculation inputs, exposure assumptions, quotes and forms considered, professional advice, and board action. Revisit the analysis when budgets, reserves, assessments, banking authority, managers, or law changes.

Compare the selected amount with the complete terms, including definitions, exclusions, deductibles, and conditions. Ask insurance and legal professionals about questions in their respective areas.

Required-versus-optional worksheet

  • List statutes, governing documents, and contracts separately.
  • Show each calculation input and unresolved qualification.
  • Build a current and peak-exposure schedule.
  • Compare optional features with actual transaction pathways.

Sources

Official and institutional sources for this guide:

Next step: Estimate a coverage input

Use the calculator as an educational input, then verify governing requirements and contract wording.

Estimate a coverage input