Hurricane Preparedness
Q. After the effects of Hurricane Katrina last year, our board became concerned about what responsibilities we have for our residents in times of disaster? Can we be held liable if someone refuses to evacuate? What steps should we take to protect the property?
A. The areas of responsibility differ for a homeowners association and a condominium. Because of the nature of ownership, the responsibilities of the condominium are probably greater. While both associations have a responsibility to preserve and protect the commonly owned property, there is little that a Board can do in a homeowners association where owners insure and maintain their own residences.
There are five basic areas of concern for any Board.
1- Insurance. All of the association’s property coverages and flood coverage should be reviewed to ensure that there would be adequate funds to rebuild if there is major damage. Remember that, in a condominium, this is a Board responsibility, whereas in a homeowners association, it would be the responsibility of the individual owner, except for the insurance for the common facilities, such as a clubhouse.
2- Emergency Plan. 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.
A designated person should be responsible for notifying residents to leave the community if an evacuation is ordered by the local government. Another designee 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 by the Board of Directors.
3- Immediate Action Plan in the event of serious damage. 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?
4- Rebuilding. The association must be prepared to deal with the possibility of not rebuilding if the property is destroyed. A number of associations were faced with this after Hurricane Katrina. Some are choosing to rebuild, while others are not. The Board and the community should have a clear policy on this before the fact. One area where this can, and should, be addressed is in the Declaration, and if it isn’t then the Association needs to adopt a clear written policy in accordance with the requirements of the Declaration.
5- Repairing storm damage. Repairs are often affected by the reality that nearly 50 percent of the unit owners do not carry mandated coverage and some associations carry inadequate coverage. It is critical that, in the aftermath of the storm, that the unit owners and the boards not compound their problems by acting hastily, and in an imprudent manner.
The most important steps aredrying in (placing tarps over openings in the roof and boards over blown-out doors and windows), drying out (removing wet carpet and wall boards in order to retard the growth of mold), cleaning up and securing the property.
Prior to starting the rebuilding process, follow the four phases of reconstruction:
· Project planning
· Construction bidding
- Contract negotiations
- Construction Rehabilitation
There are also 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 window protection.
As to people staying behind after an evacuation order, we feel that the association would 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 much 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.