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Wednesday, 20 March 2013 17:00

Rules to Prevent Damage

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Rules to Prevent Damage

 

Does your condominium association have numerous part-time residents or vacant units? Are the owners within your community aware of preventative measures to take before they leave their unit for a vacation or extended period of time? Does your association have the documentation in place to address responsibility forpayment of the association’s insurance deductible in the event of damage?

 

Many condominiumassociations have experienced substantial damage (typically caused by water or fire) that could have been prevented if the owners were aware of measures to take to prepare their unit for a short-termor long-termvacancy. To help prevent and mitigate future damage, condominiumassociations should consider adopting a board resolution including rules such as: requirements for emergency contact information to be provided to the association, for water shut-off, for replacement of water hoses and tubing, and for owners to have unit inspections performed during a long-termvacancy   This board resolution should also include rules governing responsibility forpayment of the association’sinsurance deductible, as this requirement is often dependent on the type, extent, location and nature of the damage, as well as provisions in the association’s governing documents. It is importantfor the association to have rules in place regarding payment of its insurance deductible sothat the association is not scrambling after a loss occurs trying to figure out who is responsible for payment.

 

The language to be included in this board resolution is dependent of the specific association's governing documents.  While the board resolution will be different for each association, we are able to provide this service on a flat-fee basis.  The flat fee for a review of the association's governing documents and drafting of the board resolution itself is $450.  If purchased in conjunciton with our firm's Insurance, Maintenance and Mold Package, the cost of the board resolution is $350.  The Insurance, Maintenance and Mold Package provides a comprehensive review and analysis of the maintenance, insurance, repair and financial responsibilities relating to all major components of the condominium, and is available for a flat fee of $970.

 

If you have any questions relating to the boardresolution or the Insurance, Maintenance and Mold Package, or if you are interested in ordering either or both, please contact attorney Jessica Maceyko at 480-922-9292 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Theinformation contained in thisHomeownersAssociationTip isfor informational purposesonly and isnot specific legaladviceor a substitutefor specificlegalcounsel.Readersshouldnot actupon thisinformation withoutseeking professionalcounsel.

Rules to Prevent Damage

 

Does your condominium association have numerous part-time residents or vacant units? Are the owners within your community aware of preventative measures to take before they leave their unit for a vacation or extended period of time? Does your association have the documentation in place to address responsibility forpayment of the association’s insurance deductible in the event of damage?

 

Many condominiumassociations have experienced substantial damage (typically caused by water or fire) that could have been prevented if the owners were aware of measures to take to prepare their unit for a short-termor long-termvacancy. To help prevent and mitigate future damage, condominiumassociations should consider adopting a board resolution including rules such as: requirements for emergency contact information to be provided to the association, for water shut-off, for replacement of water hoses and tubing, and for owners to have unit inspections performed during a long-termvacancy   This board resolution should also include rules governing responsibility forpayment of the association’sinsurance deductible, as this requirement is often dependent on the type, extent, location and nature of the damage, as well as provisions in the association’s governing documents. It is importantfor the association to have rules in place regarding payment of its insurance deductible sothat the association is not scrambling after a loss occurs trying to figure out who is responsible for payment.

 

The language to be included in this board resolution is dependent of the specific association's governing documents.  While the board resolution will be different for each association, we are able to provide this service on a flat-fee basis.  The flat fee for a review of the association's governing documents and drafting of the board resolution itself is $450.  If purchased in conjunciton with our firm's Insurance, Maintenance and Mold Package, the cost of the board resolution is $350.  The Insurance, Maintenance and Mold Package provides a comprehensive review and analysis of the maintenance, insurance, repair and financial responsibilities relating to all major components of the condominium, and is available for a flat fee of $970.

 

If you have any questions relating to the boardresolution or the Insurance, Maintenance and Mold Package, or if you are interested in ordering either or both, please contact attorney Jessica Maceyko at 480-922-9292 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Theinformation contained in thisHomeownersAssociationTip isfor informational purposesonly and isnot specific legaladviceor a substitutefor specificlegalcounsel.Readersshouldnot actupon thisinformation withoutseeking professionalcounsel.

Additional Info

  • Author: Curtis Ekmark
Read 6377 times Last modified on Thursday, 05 June 2014 17:45
Curtis Ekmark

Mr. Ekmark founded Ekmark & Ekmark in 1993 and has represented associations since the firm's inception. Mr. Ekmark played basketball at and eaned his undergraduate degree from Marquette University and received an academic scholarship to attend Pepperdine University School of Law. While at Pepperdine, he was a member of the Dean's List, the Law Review and the Phi Delta Phi legal honors fraternity. He was named the Terry Giles Scholar and the Odell McConnell Scholar before graduating cum laude. Prior to graduation, he served as a legal intern for Judge John L. Coffey on the United States Court of Appeals for the Seventh Circuit in Chicago. Upon graduation from law school in 1992, Mr. Ekmark accepted a judicial clerkship with Chief Justice Roland B. Day on the Wisconsin Supreme Court. Mr. Ekmark is a three-time Past President of the Central Arizona Chapter of the Community Associations Institute, a member of the College of Community Association Lawyers, and has Chaired the Legislative Action Committee numerous times. He is President of the Scottsdale Council of Homeowners Associations and Vice President of the West Valley Homeowner Associations. Mr. Ekmark is the author of Property Manager's Handbook: A Guide to Arizona Community Association Law, frequently lectures on association issues, writes columns in local publications, and has appeared on various radio and television newscasts and programs.

www.ekmarklaw.com
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