Skip to content
Quick Tools
X Close


ALTA ENDORSEMENT 5-06 Planned Unit Development - Assessments Priority

Adopted 2/3/2010

The Company insures against loss or damage sustained by the Insured by reason of:

1. Present violations of any restrictive covenants referred to in Schedule B that restrict the use of the Land or the forfeiture or reversion of Title by reason of any provision contained in the restrictive covenants. As used in this paragraph 1, the words “restrictive covenants” do not refer to or include any covenant, condition or restriction (a) relating to obligations of any type to perform maintenance, repair or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy and is not excepted in Schedule B.

2. The priority of any lien for charges and assessments in favor of any association of homeowners that are provided for in any document at Date of Policy and referred to in Schedule B over the lien of any Insured Mortgage identified in Schedule A.

3. The enforced removal of any existing structure on the Land (other than a boundary wall or fence) because it encroaches onto adjoining land or onto any easements.

4. The failure of the Title by reason of a right of first refusal to purchase the Land that was exercised or could have been exercised at Date of Policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. ALTA 5-06 endorsement is only available for loan policies. It is intended for use with improved residential property that constitutes a planned unit development or is subject to a homeowners’ association or other recorded master agreement, but may also be requested on commercial properties if there is an association or master agreement that provides for assessments. If the property is a condominium unit under a recorded condominium regime, the customer should request the ALTA 4-06 endorsement instead. This endorsement provides coverage against loss or damage resulting from certain risks related to planned unit developments. The coverages provided by this endorsement may not be available in all states due to certain lien priority laws and other state laws prohibiting certain coverages. The customer should contact the local office to confirm availability. If the coverage for priority over future assessment liens is not available in a particular state then the ALTA 5.1-06 endorsement should be requested instead.

Please note that endorsement availability varies by state.