Adams Stirling PLC
Menu

BANK INSURANCE

Even if an association's governing documents do not require FDIC insured investments, boards should still make sure their monies are insured.

Private Insurance. Some banks carry private insurance to cover deposits, including deposits that exceed FDIC limits.

Surety Bonds. Other banks use surety bonds that insure the bank rather than individual accounts. While this reduces the association's risk, it is not risk-free. There are two problems with the bond: (i) the bank is the named insured, not the association, and (ii) the insurance is limited to a specific dollar amount--if the bank fails, the insurance will only pay to its policy limits regardless of the aggregate amount in depositor accounts. This means any gap in coverage falls to the depositors, who may be paid only pennies on the dollar.

Recommendation: If boards elect to use non-FDIC insured accounts, they should first make sure their governing documents allow them to place funds in non-FDIC insured institutions.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC