Condo Media - August 2021 - 39

when units are left unattended for
long periods of time during the
holidays. If a unit owner fails to adequately
heat the unit while they are
away, the pipes freeze and eventually
burst, sending gallons of water into
the units and common areas below
(Happy Holidays!). What is the board
left to deal with? Thousands (and
unfortunately sometimes millions) of
dollars' worth of damage that could
have been easily avoided.
l Keep the Units Dry: Failure to
address water infiltration and other
signs of moisture will undoubtedly
lead to mold on condominium property.
To avoid mold infestation, the
board needs to ensure that the building
stays dry and should require unit
owners to adhere to the following:
l Immediately remove visible moisture
accumulating on windows,
windowsills, and other surfaces
throughout the unit;
l Immediately clean, dry, and disinfect
all liquid spills or leaks;
l Do not block or cover any heating,
ventilation or air-conditioning
ducts, and make sure that all furniture
is moved away from the same
(a blocked duct or vent prohibits
moisture from drying up);
l Engage a professional remediation
company to mitigate any water
damage to the unit;
l Replace water heaters prior to the
end of their warranty period;
l Use braided metal or high-pressure
equivalent hoses on all washing
machines (this is a relatively inexpensive
cost that could prevent
significant water damage should the
hose " let go " );
l Utilize licensed plumbers,
electricians, and/or contractors
for any plumbing or electrical
work in the unit;
l Properly maintain, caulk, repair,
and replace all windows and skylights
to ensure that all windows
remain free of leaks and prevent
excessive condensation; and
l Provide the board and/or the
condominium's property manager
with emergency contact information
in the event the unit owner is
away from the unit for a period of
two days or more.
l Mandatory Reporting of Leaks
and Mold: Don't wait to report
leaks or signs of mold. Any delays in
reporting could have significant consequences.
Many unit owners think
that the board and/or property management
are aware of every problem
on condominium property. However,
the association cannot fix what it is
not made aware of! For that reason,
unit owners should be required to
report any evidence of leaks, water
damage, excessive moisture, and/or
mold infestation. Early detections of
a leaking toilet could prevent a ceiling
from caving in. Similarly, applying
a common household cleaner to
mold in one unit could prevent mold
from spreading to the adjacent unit.
HOW DO ASSOCIATIONS GET
OWNERS TO TAKE ON THIS
RESPONSIBILITY?
As discussed, the best way to prevent
damage from water infiltration and
mold infestation is to amend the association's
governing documents to
require owners to comply with the
maintenance responsibilities described
above. However, sometimes the board
does not receive the support needed for
the amendment (i.e. it lacks the votes).
This poses an issue for condominiums
because Massachusetts Courts have
held that any restriction on the use of
a unit needs to be provided for in the
association's governing documents
and that rules may only govern common
area. Fear not because there is a
very strong argument that the board
can require owners to perform these
preventative maintenance solutions
by adopting a rule in the form of a
maintenance resolution. While the
maintenance resolution is technically a
rule, the board has a duty to ensure that
nothing poses a " hazardous condition "
on condominium property. Therefore,
the board has the authority to adopt
a maintenance resolution because an
owner's failure to properly maintain
his or her unit could jeopardize the rest
of the condominium.
As you can see, condominium
associations should adopt these preventative
solutions now so that
the board does not have to bear this
winter storm alone.
n MATTHEW W.
GAINES, ESQ. IS A
PARTNER WITH THE
LAW FIRM MARCUS,
ERRICO, EMMER &
BROOKS, P.C. AND
DILLON G. BROWN,
ESQ. IS AN ASSOCIATE
WITH THE FIRM.
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Drew Sala * 413-505-9980
Butler Property Services, LLC * 78 River Road, Uxbridge, MA
August 2021 CONDOMEDIA 39
Condo Media - August 2021

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