Condo Media - June 2018 - 38

SELF-MANAGED CHALLENGES
■ Take the time to observe tasks performed by staff members and those
contracted to maintain the property.
Is the superintendent using tools
and ladders as designed? Equipment
manuals should be available and
staff members should consult them
when making repairs. Staff members
and vendors should take prescribed
precautions when performing maintenance tasks to protect themselves
from injury. Paint and hazardous
materials should be properly stored
out of the reach of residents, especially children.
Once the self-managed board identifies the risks, it is important to understand the cost associated with the
risk. The cost of addressing the risk
versus the financial exposure if no
changes are made should be reviewed.
Monetary damages can be awarded to
a plaintiff that are greater than what

Paul Feldman

Amy Fracassini

Tamsin Kaplan

insurance limits provide. In addition,
the association may have to cover the
settlement in the event that an injury
or damage to property is deemed not
insurable. If the claim is covered by
insurance, how much will the losses
affect the renewal premium? Will
insurers be willing to provide coverage for the community? How much
money can the association stand to
lose in a lawsuit?

Sandy Moskowitz Shawn McCormack Alicia Selman

Jim Gallagher

At Davis Malm, your association business is our business.
Just ask our team of experts.
Davis Malm is a full-service Boston law firm with over 35 years' experience representing developers,
management companies, associations, and title companies in luxury, residential, commercial, and
mixed-use condominiums.
* Drafting and amending
condominium documents
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* Enforcement of policies and
bylaws
* Collections

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CONDOMEDIA

TAKING ACTION
Once you know the risk you must manage, you will need to plan for avoiding,
controlling, retaining, or transferring it.
The board should first determine
what risks can be avoided. The board
should eliminate dangerous equipment and stop staff from performing
high-risk maintenance activities. Just
don't do it!
The board can implement a loss reduction plan to control the risk by correcting deficiencies and making repairs
to building systems to resolve hazardous conditions and keep residents safe.
The short money spent here will reduce
financial consequences later. The
board can take proactive measures by
mounting handrails, using or improving signage and lighting, and installing
physical barriers to prevent entry into
dangerous areas.
The board should provide for employee safety training and require staff
to wear protective clothing and devices.
Staff should be made aware of the importance of working safely.
The association must have valid
insurance certificates on file for all
vendors and contractors. It is especially
important to maintain a file that will
track insurance expirations so that
the board can contact the vendor in
advance to prevent a lapse in coverage.
In addition, there should be a Workers Compensation "If Any" policy to
protect against claims from uninsured
outside contractors.
The board should develop an emergency preparedness and crisis response

Condo Media - June 2018

Table of Contents for the Digital Edition of Condo Media - June 2018