concerning issue with current HOA roof situation and insurance coverage

If they're in a RF component spending restriction state, then an HOA bank loan from wherever they typically bank would be my next "where's the money" go to. If they have a longer term relationship, it may be a more attractive way to go. Governing docs would need to allow them to do so, or get a special vote meeting to allow it (and resolution/addendum).

With respect to D&O insurance, here's what Goog/Gemini reports as "an action" in the eyes of the law. This is where lawyers need to determine the applicability in relevant state.

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In the eyes of the law, failing to take a required action, especially when a duty exists, can be treated as an "action" in some legal contexts, particularly when it results in harm or a breach of duty. The term "nonfeasance" is often used to describe the failure to perform a required act, and it can have legal consequences, especially in areas like contract and tort law.

Here's a more detailed explanation:

  • Duty to Act:
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    In certain situations, the law imposes a duty to act, meaning that an individual or entity is obligated to take a specific action to prevent harm or fulfill a legal obligation.
  • Failure to Act as an Action:
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    When someone fails to take the required action when a duty exists, that failure can be treated as an "action" or a "failure to act" that can have legal ramifications.
 
At my mom's condo when they needed to do a lot of work they voted to get a loan and have a 10 year special assessment to pay it off... so every month they had their normal fee and the special one for the loan..

It was good for us as we sold in the first year... and it did not affect the price as much as what was left to pay...
 
That might be a good option for the OPs Association. The hang up they have is getting the shingle company out of the way. Sounds like the shingle provider is slow walking the claim.
 
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