Publications
Spring-time Check Up
Written by Robert B. Kogen for Pioneer Press
March, 2001
As the cold and snow fade away during the next month, many people will be turning their attention to outdoor activities. This is a good time for association boards to take stock of their property and assess any damage from the winter.
This process can be approached in several ways. While some Board members like to physically walk the property, that is not a requirement. They may appoint a committee, hire a contractor or have the property manager walk the property and assess the damages. Appointing a committee is always a good idea because not only does the Board delegate one of its many responsibilities, but it also allows other owners to get involved in the administration of the Association. With the enormous amount of apathy that comes with Association living, any chance to get other owners involved is a welcome opportunity.
The persons walking the grounds should:
1. Locate any damage to the Association’s property due to snow plowing. Generally, under the snow plowing agreement, it is the snow plower’s responsibility to correct all damage to landscaping and other Association property, which is due to their act or neglect. It is important to notify the snow plowing company as quickly as possible. It is our experience that the longer the Association waits, the higher the chance that the company will attempt to deny responsibility for the damage.
2. Perform a visual inspection of the building exterior and attempt to determine whether there was any damage to the buildings. Specifically, check the roofs and look for any damage from ice dams that formed early in the season, for example. Obviously, the people walking the property should not get up on the roofs, as there is a potential safety hazard. This should be left to the Association’s contractors.
3. Check the siding and other building exterior to make certain that it has not buckled or fallen off.
4. Check the sidewalks, driveways and other portions of the concrete for cracks and other damage which may occur from excessive salting. This will prevent a hazard to the health, safety and welfare of the residents and their guests as well as cut down on unnecessary litigation.
5. Contact unit owners who have access to the attic(s) and ask them to determine whether there were any leaks. With the excessive amount of ice damming that occurred last winter, the dampness in the attic could turn to mold, which creates a potential health hazard. If you had excessive ice damming, it may be a good idea to contact a roofer or other qualified contractor to inspect the roofs and attics to determine if there is any necessary roof work to be done. Although ice damming is a natural occurrence, it is possible to perform retrofit work to the roof to help prevent damage to units which result from ice damming.
6. Make sure your landscaping contract is in place. As Boards are aware, landscaping is an important issue and if not performed properly, can create dissension among the owners. Once the landscaping contract is executed, the Board or managing agent and the landscaper should perform the spring walk-through.
7. It is also a good time to look for any rules violations. Any owners who have units which are not in good repair, have made unauthorized improvements to the exterior of the building or are otherwise in violation of the Association’s covenants, should be notified and advised to come into compliance with the Rules and Regulations. Any owner who fails to comply may be fined for these violations after notice and an opportunity to be heard. Remember when issuing rules violations, make certain that all violations are handled in a uniform manner. This will help the Association defend any discrimination complaints that may arise from the Board’s enforcement of the Rules and Regulations.
Depending on the Association, the Board may want to inspect other areas of the property. The above is a good starting point. Remember, the sooner the problems are discovered and corrected, there will be less cost to the Association and less aggravation for the Board.