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MAINTENANCE & MOLD
Maintenance Duties. Maintenance obligations are often poorly defined in an association's governing documents. As a result, when something fails and damage occurs, insurance carriers, boards of directors, and homeowners disagree as to who was negligent and pays for the damage. We provide boards with policies and procedures and legal counsel for the following:
- Water damage disputes
- Mold liability
- CC&R interpretation
- Insurance claims & disputes
- Plumbing, electrical & HVAC systems
- Windows
- Balconies & patios
Legal Opinion. To avoid expensive litigation over such issues, associations should have an attorney review their governing documents and applicable statutes and case law to determine who is responsible for the maintenance of each component in the development. The attorney should then prepare a legal opinion regarding respective maintenance duties.
Maintenance Chart. Once everyone's maintenance obligations have been determined, a "Maintenance Chart" (also called a maintenance matrix) should be created. As illustrated below, it describes in a clear, understandable format who is responsible for what. The chart will change depending on whether townhomes or condominiums are being referenced.
Rules and CC&Rs. The chart should then be made part of the rules and regulations and distributed to all owners. When an association restates its CC&Rs, it can incorporate the chart as an exhibit.
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