Winter is Coming

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The fall season is in full swing and while we are all surely enjoying the cooler temperatures, leaves changing color and pumpkin spice lattes, in the back of our minds we know the infamous Chicagoland winter is approaching.

Community associations should waste no time in beginning preparations for the winter season. For your property to survive the winter unscathed (this preserves its value in the long run), it is important to be proactive and take precautions and be as communicative as possible with homeowners about what to expect. Homeowner association will appreciate proactive maintenance if it saves them costs in the long run for replacing or repairing winter damage.
Some steps that homeowners, Boards and property managers may want to consider taking include: performing a thorough walk-through of property grounds, checking roofs, gutters, decks, garages and HVAC units; turning off sprinkler systems; consider adding insulation around drafty windows and doors;  cleaning leaves out of gutters before snow starts to accumulate; putting in place a regular maintenance plan for the property’s heating and cooling systems; and notifying all tenants to keep their heat on and not let vacant units go below 40 degrees Fahrenheit.
Freezing your Pipes Off
Winter’s low temperatures can cause damage to vacant or uninhabited units from frozen water pipes that burst. Therefore shutting down the water source in certain units may be necessary; thus, Associations should review their policies regarding entering empty units. Special care needs to be taken for units in bank custody, empty and for sale, and snow-bird units; and Boards and managers should formulate a plan to enter the units to ensure breakers are kept on, heat is on and external doors and windows are kept closed. Most bylaws allow Associations to enter units in cases of emergency; yet, they may want to consider adopting a preemptive policy that would allow the association management to enter units to prevent emergencies as well.
If nothing else, consider the importance of clear and frequent communication with homeowners – especially snowbirds who skip town for the winter – about the need to prevent burst pipes from happening in the first place. Key points that should be stressed include:

  • Keep the heat in a unit set no lower than 40 degrees Fahrenheit.
  • Open bathroom and kitchen cabinets to improve heat flow to pipes.
  • Shut off water to unit altogether if leaving for a long period of time.
  • Notify owners of the Association’s policy on taking action after the owner fails to take requested actions.
  • If the Association has to enter the unit, explain to homeowners who will do this on behalf of the Association and if there will be costs associated with this type of maintenance.

Snow removal bids
Associations should very well consider deciding on a snow contractor early, obtaining at least three bids and checking references. Always verify that the vendor has a comprehensive insurance program. The Board should lay out its specifications clearly to the contractor and review the contract thoroughly and in detail before signing on the dotted line. The contract should specify under what condition snow/ice removal begins. Contracts can specify 1-, 2- or 4-inch snowfall provisions and others will wait for a phone call before starting service. Work with the vendor to develop a map of areas to be plowed and shoveled and areas where you want them to pile snow.
Then, communicate with and set clear expectations for homeowners. Let them know who the snow contractor is and the vendor’s policies on salting, trigger depths and the areas that are the vendor’s responsibility to plow and areas that are not. Setting clear expectations will prevent headaches and complaints in the long run.
Slip and Falls
Icy pavement, snow, wind and other winter perils can often cause slip and falls and other accidents to happen on community Association property, which is why Boards need to be aware of certain policies they need to put in place or review before winter rolls along.
According to Susan Winn, director of risk management and transitions at Lieberman Management Services, Associations frequently get sued in regard to falls on property alleging an “unnatural accumulation of snow and ice.” Boards should be looking at their managed streets and walkways prior to snow season to address drainage issues, uneven sidewalks and areas where water puddles. These issues should be cared for prior to cold weather.
Boards need to commit to either salting or not salting. Adherence to a set procedure will reduce the amount of judgment calls a Board is required to make. Winn said if an Association chooses to be responsible for snow removal in a particular area that is not normally the responsibility of the Association (such as driveways and walkways in some Associations), they should commit to snow removal and salting consistent with the rest of their contract.
While it is not possible to avoid every lawsuit, the first line of defense against snow and ice accidents is a thorough strategy and implementation of a snow removal plan. Laws in Illinois have changed offering greater protection to Associations by using a more common sense approach, resulting in fewer losses for Associations.
 
By Clare Pierson
Web Marketing Coordinator, Lieberman Management Services
This article is provided by Lieberman Management Services