THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, September 2, 1995 TAG: 9508310354
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: Common Ground
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: Medium: 80 lines
I live in a waterfront condominium. During the recent hurricane threat, I did not feel that the residents took the storm very seriously.
What responsibility do we have for our residents in time of disaster? Can we be held liable if someone refuses to evacuate?
The areas of responsibility differ for a homeowners association and a condo. Because of the nature of ownership, the responsibilities of the condo are probably greater. While both associations have a responsibility to protect the health and safety of their residents, there is little that a board can do in the HOA where the unit owners insure and maintain their own residences.
The first issue of protection is that of insurance. Both the property coverages and the flood coverage should be reviewed to ensure that there will be adequate funds to rebuild if there is major damage. Remember that in a condo, this is a board responsibility whereas in the HOA it would be the responsibility of the individual owner.
The second issue every board needs to address is the establishment of an emergency plan for those times when evacuation of the property is necessary. This should include clearly defined duties for each person who will assist the association.
Someone should be responsible for ensuring that all residents are off the property. Someone else should take charge of the removal of any critical records. Responsibility for the storage of loose objects and the securing of utilities and the physical property should also be assigned.
The third issue that a board needs to address is that ``what if'' question. What if the hurricane destroys or damages the property? How do we provide for residents until they can get back into their homes? Do we have contractors who will give us priority on emergency repairs? How do we communicate with all owners when they won't be on the property?
The fourth issue that must be dealt with is the possibility of not rebuilding if the property is destroyed. A number of associations were faced with this after Hurricane Andrew. Some chose to rebuild, others not to. The board and the community should have a clear policy on this before the fact.
There are a multitude of small questions that need to be answered. We suggest that you contact the local emergency service agency for a detailed list of provisions you need to make. Remember that even small items such as the storage of pool furniture should be addressed in advance.
One issue that clearly needs to be addressed is that of boarding up or otherwise securing doors and windows. The loss of windows in one unit could very well lead to major damage for other units. As the windows are often part of the unit and not a common element, the board should develop both a policy and a program for providing the necessary security.
As to the people staying behind after an evacuation order, we feel that the association would probably not be liable based on previous experience. We have found that if you require these individuals to sign a release form that includes a next-of-kin notification, then they tend to get the idea that the situation is serious.
We are firm believers that when the appropriate authorities say to evacuate, then it's time to leave.
If you are disconnecting utilities, make sure that the stay-behinds are told. Other than these suggestions, there is not a lot that you can do with people that are not willing to protect themselves.
Protecting the association property and residents is the job of the association. Use due diligence to ensure that you have done everything reasonable and hopefully the damages when we have a hurricane or other disaster will be minimized.
The old adage that a failure to plan on your part does not constitute an emergency on my part is very applicable. Anticipate the problems and work out solutions in advance when there is no rush and you should be in good shape when the next storm arrives. MEMO: G. Robert Kirkland, president of a Virginia Beach property management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community association issues and are affiliated with the Southeastern
Virginia chapter of the Community Associations Institute. Send comments
and questions to them at P.O. Box 446, Virginia Beach, Va. 23458. To
submit questions by phone, call 430-3617; by fax: 431-0410. by CNB