To guard against problems and liability, associations need to know the ins and outs of snow removal contracts, what to do when a slip-and-fall occurs and when a frozen pipe breaks. The following guidelines and tips will help associations prepare for the winter season.
Snow removal contracts
Your snow removal contracts should:
When your Association is notified that someone has fallen, you should:
|Injured Party||Association Liable If Injury Caused By:|
|Invitee (vendors, manager)||Lack of care or known dangers|
|Licensee (renters, guests of owners)||Lack of care/Failure to warn of known dangers|
|Trespasser||Willful or deliberate act of association|
|Owners||Failure to comply with governing documents|
In carrying out its duty to owners, the association must do so in a prudent and informed manner, in good faith and with the best interests of the association.
When a pipe breaks the Association should take appropriate action to immediately stop the flow of water, take action to mitigate further damage, and notify its insurance company. It is of utmost importance to determine and investigate the cause of a leak as soon as possible. Do not undertake repairs until it has been established that the association is indeed responsible for making those repairs. The ultimate responsibility for payment of mitigation and repair expenses depends on who is responsible for the cause of the pipe break. Review of your governing documents and the assistance of your attorney and insurance agent may be necessary. In addition, the existence of a maintenance and insurance chart will help determine who is responsible for specific repairs.