Storm Preparations
Q. I am a new resident in Hampton Roads and have never been through a hurricane season. I am also a new member of the Board of Directors of my Association. Can you recommend the steps that will help us prepare for any possible storm?
A. Welcome to Hampton Roads. The good news is that over the years we have been fortunate as we have avoided the type of damage that has been seen in Florida and the Gulf Coast. That is not to say we haven’t had some serious damage as a result of hurricanes and “nor ‘easters”, but we have suffered far less than some other areas.
Association residents must take special precautions to prepare for a storm. A well-executed disaster plan will minimize injury and damage and promote a speedy recovery. Planning begins by understanding the Association’s responsibilities. This requires a review of the recorded documents.
Due to the nature of the ownership of real estate, responsibilities differ for homeowners associations and condominiums – and for different types of condominiums. The responsibilities of the condominium association are 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 homeowners association except for the common areas in that the owners insure and maintain their own residences.
The first topic for discussion is insurance. Both the property and casualty coverage and the flood coverage should be reviewed to ensure that there would be adequate funds to rebuild if there is major damage. In a condominium this is a Board responsibility; whereas, in the homeowners association it would be the responsibility of the individual owner in most cases. The changes in the way some condominiums and homeowners associations have been structured means that you need to refer to your documents and consult your insurance professional to make sure you are properly and adequately covered. We are now seeing single family detached condominiums where the owner is responsible for the entire building which is his unit. The master policy will not cover your contents and personal property so make sure these are insured as well.
The second topic to consider is installing hurricane shutters. In coastal locations, proximate to the Chesapeake Bay or the ocean, the association should allow owners to install hurricane shutters but may restrict the style and appearance. In multi-story buildings, Associations can require you to install shutters, laminated glass or window film in that preventing water intrusion which can affect all owners.
Third, the Board must enact a policy for storing cars and recreational equipment and securing common areas, including the pool and pool deck.
Fourth, designate a disaster coordinator or committee. Pre-designate the person or committee granted the authority to act on behalf of the board and the association to implement a well-conceived and orchestrated disaster plan in the aftermath of a storm. Someone should be responsible for notifying all residents to vacate 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. This emergency plan should be coordinated with the manager and staff.
Fifth, develop and rehearse an evacuation. Consider having a “buddy system”. Power can fail before the storm, so elevators won't work. Memorize exits and how many steps they are from your apartment, in case you have to find them in the dark.
Sixth, as the storm approaches determine if you are in an evacuation area and, if you are, leave the property and secure it. If you have residents who are going to ride out the storm encourage them to remove loose items from porches, patios or decks. Close and lock windows, sliding glass doors and shutters. Wedge patio doors. Put towels along door tracks and window sills. Also make sure you have a list of who is staying behind. In many of the buildings along the ocean and bay fronts all of the utilities may be turned off prior to the storm’s arrival.
Seventh , as part of the overall plan the Association needs to compile a list of contact information for unit owners, vendors and professionals (including CPAs, attorneys, management personnel) as well as copies of insurance policies, records of units/unit owners, personnel records and financial records (including bank account numbers, insurance policies and authorized signatures) and store it off the premises.
Finally, photographs of the premises as well as 'as-built' drawings will greatly facilitate the resolution if any insurance claim and assist in any reconstruction effort. Keep building plans, and contact information for the architects, engineers, contractors and sub-contractors who designed and built the structures.
With a little luck and proper preparation, you should quickly return to normal activities after the storm.
In order to learn more about the legal issues involved in association governance, consider attending the Legal and Legislative Update being presented by the Community Associations Institute, Southeastern Virginia Chapter, at Holiday Inn Select, 1570 N. Military Highway, Norfolk, Virginia on June 15, 2007 from 9:00 a.m. to 4:00 p.m. You can check the website, www.sevacai.org for more information or call Rebecca Woodring at 757-558-8128.