Condo Media - September 2017 - 29

WINTER DO'S AND DON'TS FOR
CONDOMINIUM ASSOCIATIONS
(an important defense in liability claims), the log will verify (or
not) the contractor's charges for the snow removal work.
■ Keep a winter maintenance log chronicling the problems you

encounter. If ice dams are affecting only a few units every year,
Carr suggests, you should concentrate on those units. The log
is an important guide, he says, noting, "If you don't know the
history of your [snow problems], you're going to repeat it." And
if you don't fix the underlying conditions creating ice dams,
"you will continue to have them."

■ Communicate with owners. Make sure owners know what to ex-

pect after a snowstorm-when the plows will arrive and what the
contractor is required to do. "It is important to set expectations
before the season starts," Robert Keegan CMCA, AMS, PCAM,
vice president of residential management, Dirigo Management
Company, emphasizes. "That way you can avoid the angry calls
from owners who want to know why the plows that aren't required to begin work until 8 in the morning haven't arrived by 7."

The feature article on (page 26) discussed some of the most
important items that should be included on association winter
planning 'to do' lists. Here, in brief, are several others.
■ Adopt a "snow resolution" that delineates clearly where the

association's responsibilities for dealing with snow and ice
begin and end. Common areas are clearly the association's
responsibility, but the responsibility for limited common areas
(individual walkways and driveways, decks and patios) can be
fuzzy. If the documents are silent and the responsibilities aren't
defined, they will fall to the association by default. Associations
that don't want that responsibility may be able to delegate it,
by specifying in this resolution that owners who use limited
common areas are responsible for taking care of them.

■ Think carefully about the architectural changes the board

approves. The enclosed porch an owner requested that
seemed harmless in August will collect snow in February, Jack
Carr, P.E., RS, LEED-AP, senior manager at Criterium- Mooney
Engineers, points out. "You need to consider the implications."
Specifically, who will be responsible for clearing that snow and
for any problems it creates.

■ Keep a log detailing the association's snow clearing and ice-

treatment measures. Like a snow resolution, a log provides a
defense against liability claims. The log should note, among
other details: How much snow fell over what period of time,
when the contractor responded, the conditions at the time,
and what the contractor did. In addition to documenting the
association's "reasonable efforts" to reduce slip-and-fall risks

Maintain a minimum temperature in their units and drain
their pipes to keep them from freezing.
Leave emergency contact information; and
Either park their cars in areas that won't interfere with
snow plows or make other arrangements for the
vehicles-for example, leaving their car keys with a
trusted neighbor or friend.
■ Establish protocols for dealing with the "snowbirds," who

depart for warmer climates when the temperature falls. Most
importantly, require them to:

Some associations require owners to leave keys to their units
with the management company or a board member, to ensure
easy access in an emergency. But many condominium attorneys think the liability risks outweigh the advantages.
Gary Daddario, Esq., CCAL, a partner in Winer & Bennett, LLP, is
firmly in that camp. Condominium laws in some states (Massachusetts among them) and the governing documents of many
if not most communities, authorize emergency access, and it
is best to rely on that authority-even if it means breaking down
a door, Daddario believes. If you accept an owner's keys, he
notes, you also incur the responsibility for securing them.
"You're not just opening a window to liability," he says. "You're
opening a door. You run the risk that owners might blame you
for anything they think is wrong in the unit or anything that is
missing. It's tough to refute those charges," he says, "when you
admit you're holding a key."
September 2017

Condo Media - September 2017

Table of Contents for the Digital Edition of Condo Media - September 2017