The New HOA Board Member's Guide to Insurance in Tennessee
What insurance does an HOA need? Most Tennessee HOAs need five core coverages: property insurance on common areas, general liability, directors and officers (D&O), crime or fidelity coverage, and an umbrella. Starting January 1, 2027, Tennessee law requires every HOA that collects assessments to carry a fidelity bond. Workers' comp, cyber, and flood depend on your community.
Why insurance is part of your job
Congratulations on joining the board. You now share responsibility for protecting your neighbors' biggest investment and the money they pay in dues.
Board members owe the association a duty to act in its best interest. Making sure the HOA is properly insured is one of the clearest ways to meet that duty. When a tree falls on the clubhouse, a guest slips at the pool, or money goes missing, the right policies decide whether the HOA recovers or homeowners face a special assessment.
You don't need to become an insurance expert. You do need to know:
- What policies the HOA carries today
- What your governing documents require it to carry
- What Tennessee law requires
- When each policy renews
- Who to call when something goes wrong
The core HOA policies at a glance
| Coverage | What it protects | Example claim | Needed by |
|---|---|---|---|
| Property (master policy) | Common-area buildings and structures | Storm damages the clubhouse roof | Any HOA owning buildings or structures |
| General liability | Injuries and damage to others on common areas | Visitor trips on a broken sidewalk near the pool | Every HOA |
| Directors & Officers (D&O) | Board members sued over decisions | Homeowner sues over a denied fence request | Every HOA |
| Crime / fidelity bond | Theft of association money | Treasurer or manager embezzles dues | Every Tennessee HOA collecting assessments, starting Jan 1, 2027 |
| Umbrella | Extra liability limits above GL, auto, and sometimes D&O | Serious pool injury exceeds the GL limit | Most HOAs, especially with pools or playgrounds |
| Workers' compensation | Injured employees | Groundskeeper hurt while mowing | HOAs with employees (check Tennessee rules) |
| Cyber | Data breaches and online fraud | Homeowner payment data exposed | HOAs that store owner data or take online payments |
| Flood / earthquake | Perils excluded from standard property | Creek flooding damages the clubhouse | HOAs with buildings in flood zones or higher-risk areas |
Each coverage explained
Property insurance (the master policy)
The master policy insures buildings and structures the association owns. Think clubhouses, pool houses, entry monuments, gazebos, fences, mailbox kiosks, and in condos, the buildings themselves.
What to check:
- Valuation: replacement cost pays to rebuild at today's prices. Actual cash value subtracts depreciation. Replacement cost is usually the better choice.
- Limit: based on a current replacement cost estimate, not market value or what you paid
- Deductible: know whether it is a flat amount or a percentage for wind and hail. Your reserves should be able to absorb it.
- Coinsurance: if the policy has a coinsurance clause and you underinsure, claim payments can be reduced
- Ordinance or law: pays for code upgrades when an older building is rebuilt
General liability (GL)
GL pays when someone is hurt or their property is damaged on common areas and the HOA is blamed. Pools, playgrounds, walking trails, ponds, and clubhouses all create exposure. GL also covers the HOA's legal defense.
What to check:
- Per-occurrence and aggregate limits, often $1 million / $2 million
- Board members and volunteers listed as insureds
- Exclusions for pools, diving boards, playgrounds, or animals
- Whether events like a neighborhood July 4th party are covered
Directors and Officers (D&O)
D&O protects you personally. Homeowners can and do sue board members over fines, architectural decisions, assessments, elections, and contracts. D&O pays defense costs and settlements.
What to check:
- Covers current, past, and future board members, committee members, and volunteers
- Includes the property manager as an insured, if you use one
- Covers non-monetary claims, such as a lawsuit asking the board to reverse a decision
- Whether it includes employment practices coverage for claims by employees
- Whether it is written on a claims-made basis, and what that means for prior acts
Crime and fidelity coverage
This coverage reimburses the HOA when someone steals its money. Under Public Chapter 731, every Tennessee HOA that collects assessments must carry a blanket fidelity bond starting January 1, 2027.
The law requires:
- A limit equal to reserves plus one-fourth of annual assessment income, minimum $10,000
- Coverage for officers, directors, association employees, the managing agent, and the managing agent's employees
For the full breakdown, see our posts on the new law and the bond calculator.
Umbrella (excess liability)
An umbrella adds limits on top of GL and other liability policies. One serious injury claim can exceed a $1 million GL limit. Umbrellas are an affordable way to protect the association and its members from that gap.
What to check: which underlying policies the umbrella sits over, and whether D&O is included.
Workers' compensation
If the HOA directly employs anyone, such as a pool attendant or groundskeeper, you need to know your workers' comp obligations. Tennessee generally requires coverage for employers with five or more employees, with stricter rules in construction. Many HOAs avoid direct employees by using a management company or contractors. Always collect certificates of insurance from vendors.
Cyber
HOAs collect names, addresses, emails, and sometimes bank details for autopay. Cyber insurance helps pay for breach notifications, credit monitoring, and recovery from ransomware or email fraud. It's a fast-growing need for associations that use online portals.
Flood and earthquake
Standard property policies exclude flood and earthquake. If any common-area building sits near a creek, pond, or in a FEMA flood zone, ask about flood coverage. West Tennessee communities near the New Madrid fault zone should also ask about earthquake.
What the HOA covers vs. what homeowners cover
One of the most common questions new board members get is, "Isn't the HOA supposed to cover that?" The answer depends on your community type and your governing documents.
| Item | Single-family HOA | Condo association |
|---|---|---|
| Owner's house or unit interior | Homeowner (HO-3 or similar) | Homeowner (HO-6), from the walls in, per the declaration |
| Building exterior, roof, structure | Homeowner | Usually the association's master policy |
| Common areas (pool, clubhouse, entry) | HOA | Association |
| Liability inside the home or unit | Homeowner | Homeowner (HO-6) |
| Liability on common areas | HOA | Association |
| Master policy deductible | Not applicable | Association, but the declaration may pass it to the owner responsible; HO-6 loss assessment coverage helps |
| Owner's personal belongings | Homeowner | Homeowner |
Condo boards should read the declaration closely. It defines the line between what the association insures and what owners insure. Sharing that line with owners each year prevents surprises after a claim.
Remind owners to carry loss assessment coverage on their own policies. It helps pay their share if the HOA levies a special assessment after an uninsured or underinsured loss.
Your first 90 days: an insurance checklist
Days 1 to 30: gather
- Get copies of every current policy and declarations page
- Read the insurance section of your declaration, bylaws, and CC&Rs
- List each policy, carrier, limit, deductible, and renewal date in one place
- Find out who your insurance agent is and how to report a claim
- Ask for the last five years of claims history (loss runs)
Days 31 to 60: compare
- Compare what you carry to what your governing documents require
- Run the Public Chapter 731 fidelity bond formula and compare it to your crime limit
- Confirm D&O covers you, past board members, committees, and volunteers
- Confirm your property manager is covered under crime and D&O
- Check when the property replacement cost values were last updated
- Collect certificates of insurance from every vendor and contractor
Days 61 to 90: act
- Meet with your agent to review gaps and options
- Present findings and recommendations to the full board
- Close any gap in fidelity coverage before January 1, 2027
- Add insurance premiums and deductibles to next year's budget
- Put every renewal date on the board calendar with a 60-day reminder
- Share a one-page "what the HOA covers vs. what you cover" summary with owners
Questions to ask your insurance agent
Bring these to your first review meeting:
- Are our buildings insured at full replacement cost, and when was the valuation last updated?
- What is our wind and hail deductible, and can our reserves cover it?
- Does our crime or fidelity coverage meet the Public Chapter 731 formula?
- Are volunteer officers and our management company covered under crime and D&O?
- Is our D&O claims-made? What happens to coverage when board members change?
- Does our D&O include employment practices coverage?
- Do we have an umbrella, and which policies does it sit over?
- Are our pool, playground, and lake or pond covered without exclusions?
- Do we need flood, earthquake, or cyber coverage?
- What should we require in vendor contracts and certificates of insurance?
- How do we report a claim, and how fast?
- When should we start the renewal process each year?
Glossary of HOA insurance terms
| Term | Plain-English meaning |
|---|---|
| Actual cash value (ACV) | Replacement cost minus depreciation |
| Aggregate limit | The most a policy pays for all claims in a policy period |
| Certificate of insurance (COI) | Proof a vendor carries insurance |
| Claims-made | Covers claims first made during the policy period, subject to any retroactive date |
| Coinsurance | Penalty that reduces a claim payment if property is underinsured |
| Declarations page | Summary page listing coverages, limits, deductibles, and dates |
| Fidelity bond | Protects the HOA from theft by people trusted with its money |
| Loss assessment | Owner coverage that helps pay a special assessment after a covered loss |
| Loss runs | A carrier's report of past claims |
| Master policy | The association's main property and liability policy |
| Occurrence limit | The most a policy pays for a single incident |
| Ordinance or law | Pays to bring a damaged building up to current code |
| Replacement cost | Cost to rebuild or replace with similar quality, without depreciation |
| Umbrella | Extra liability limits above other policies |
Frequently asked questions
Am I personally liable as an HOA board member?
You can be named in a lawsuit. D&O insurance is designed to defend you and pay covered claims, which is why every board should carry it.
What is the most important policy for a new HOA board?
There isn't just one. GL, D&O, and crime coverage are the baseline. In Tennessee, crime or fidelity coverage becomes legally required on January 1, 2027.
Does the HOA's insurance cover my house?
In a single-family HOA, usually not. Your own homeowners policy covers your home. In a condo, the master policy often covers the building, while your HO-6 covers the interior and your belongings. Check your declaration.
How often should the board review insurance?
Every year, at least 60 days before renewal. Also review after adding amenities, raising dues, or growing reserves.
Who should the board work with on insurance?
An independent agent who writes community associations can compare multiple carriers and explain how coverages fit together.
What happens if our HOA doesn't get a fidelity bond by 2027?
The association would be out of compliance with state law and exposed to uninsured theft losses. Talk with your agent and association attorney now.
Get a free HOA compliance check
New to the board and not sure where to start? Send us your current policies. Hutsenpiller Insurance will review your coverage, check it against Tennessee's new fidelity bond law, and give you a plain-English summary of any gaps, free.
Request a compliance check
Serving Middle Tennessee since 1992.
This guide is general information, not legal advice. Coverage depends on your actual policy forms and governing documents.
