CONDO 5 OctOber 1, 2011
II. RESIDENTIAL CONDOMINIUM BUILDING
ASSOCIATION POLICY (RCBAP) FORM
The policy form used for the residential condominium
buildings owned by a condominium association is
the RCBAP.
III. ELIGIBILITY REQUIREMENTS
A. General Building Eligibility
In order for a condominium building to be eligible under
the RCBAP form, the building must be owned by a
condominium association, which the NFIP defines as
the entity made up of the unit owners responsible for
the maintenance and operation of:
1. common elements owned in undivided shares by
unit owners; and
2. other real property in which the unit owners have
use rights
where membership in the entity is a required condition
of unit ownership.
The RCBAP is required for all buildings owned by a
condominium association containing 1 or more
residential units and in which at least 75% of the
total floor area within the building is residential
without regard to the number of units or number of
floors. The RCBAP is available for high-rise and low-
rise residential condominium buildings, including
townhouse/rowhouse and detached single-family
condominium buildings in the Regular Program only.
(See pages CONDO 3 and 4.)
Residential condominium buildings that are being used
as a hotel or motel, or are being rented (either short or
long term), must be insured under the RCBAP.
Only buildings having a condominium form of ownership
are eligible for the RCBAP. If the named insured is listed
as other than a condominium association, the agent/
producer must provide legal documentation to confirm
that the insured is a condominium association before
the RCBAP can be written. This documentation may be
a copy of the condominium association by-laws or a
statement signed by an officer or representative of the
condominium association confirming that the building
is in a condominium form of ownership. In the event of
a loss, RCBAPs written for buildings found not to be in a
condominium form of ownership will be rewritten under
the correct policy form for up to the maximum amount
of building coverage allowed under the program for the
type of building insured, not to exceed the coverage
purchased under the RCBAP.
A homeowners association (HOA) may differ from a
condominium association and is ineligible for the RCBAP,
unless the HOA meets the definition of a condominium
association as defined in the policy. Cooperative
ownership buildings are not eligible. Timeshare buildings
in a condominium form of ownership in jurisdictions
where title is vested in individual unit owners are eligible
provided that all other criteria are met.
If, during a policy term, the risk fails to meet the
eligibility requirements due to a change in the form
of ownership, it will be ineligible for coverage under
the RCBAP. The policy will be canceled and rewritten
using the correct Standard Flood Insurance Policy
(SFIP) form. The effective date of cancellation will
be the date on which the change in the form of
ownership occurred.
If an RCBAP was issued for a risk that was ineligible for
the RCBAP, the policy is void and the coverage must
be written under the correct form. The provisions of
the correct SFIP form apply. The coverage limits must
be reformed according to the provisions of the correct
SFIP form and cannot exceed the coverage limits
originally issued under the incorrect policy.
The NFIP has grouped condominium buildings into 2
different types, low-rise and high-rise, because of the
difference in the exposures to the risk that typically
exists. Low-rise buildings generally have a greater
percentage of the value of the building at risk than high-
rise buildings, thus requiring higher premiums for the
first dollars of coverage. The availability of the optional
deductibles for the low-rise buildings, however, allows
the association to buy back some of the risk, thereby
reducing the overall cost of the coverage.
For rating purposes:
• High-rise buildings contain 5 or more units and at
least 3 floors excluding enclosure, even if it is the
lowest floor for rating.
• Low-rise buildings have fewer than 5 units regardless
of the number of floors, or 5 or more units with fewer
than 3 floors, including the basement.
• Townhouse/rowhouse buildings are always considered
low-rise buildings for rating purposes, no matter how
many units or floors they have.
See the Definitions section in this manual for complete
definitions of high-rise and low-rise buildings.
Individual unit owners continue to have an option to
purchase an SFIP Dwelling Form.
B. Condominium Building in the Course of
Construction
The NFIP rules allow the issuance of an SFIP to cover a
building in the course of construction before the building
is walled and roofed. These rules provide lenders an