How to avoid fallout from winter water freezes
Q: Each year, our condominium association incurs significant expenses for winter-related water leaks damaging the property. I asked the board to send a “winterize reminder” to all the owners. Well — they asked me to get it done. Obviously, winter is well under way. Yet, many of our owners don’t leave their units until late January or February. We need to get this done right away. Do you have any suggestions that we can include in our “winterize reminder” notice to the owners?
A: First, the problem itself is a very common dilemma for condominium and townhouse associations and your suggestion of a “winterize reminder” is a great one. Often, professional management companies have experienced many of these water damage events, and already send out similar notices to owners.
Most winter damage originates from myriad circumstances involving frozen water. There isn’t very much legal analysis involved in our reminder tips — in fact, proactive steps and common sense abounds. But the liability involved when there is a significant water leakage event can be intensively legal.
To be proactive in the protection of your unit and association, here are some simple steps we recommend to save you grief in the future
• If you are going out of town for a considerable period of time, have a checklist of essential items to “close up” the unit to prevent a catastrophe. Remember, water leaks and damage are the single largest cause of insurance and property damage claims in condominiums and townhouses. If you happen to live in a unit that has the master valve for the building in your unit or garage, make sure management has access to your unit so the water can be shut off as quickly as possible.
• Utility accounts covered. It is rather simple to remotely maintain utility services for an extended period of time. Believe it or not, some people will actually shut off their HVAC system altogether in an attempt to save money. That often leads to pipes freezing. We suggest simply adjust the thermostat to the manufacturer’s recommended minimum temperature. If you have a humidifier, this applies as well.
• If you are leaving a car in a garage or parking space, make sure you notify the manager so it is not towed and also someone can keep an eye on it.
• Leave management an emergency number, email address, cell phone number and a spare key, or the name of a neighbor or family member who has quick access to the unit.
• If friends or relatives are going to use your unit in your absence, notify management in advance so the association is aware.
• Disconnect any exterior hoses. A major source of broken pipes is a hose connected to a sillcock during a deep freeze. The water left in the pipe freezes and expands, cracking the pipe when the spring thaw arrives. These pipes can often be placed behind the drywall and against exterior walls — if it cracks and leaks, its is difficult to find the precise location.
• Have someone inspect the unit interior each week. Maybe flush the toilets, run the faucets, check the doors and windows, inspect for leaks or seepage and of course confirm the heating system is working.
Over the past two or three years, condominium and townhouse association insurance premiums have absolutely skyrocketed. Utilize deductibles in an attempt to keep premiums slightly lower. However, if there is an insurance claim originating from your unit and even if the association’s insurance covers the claim, Section 12 of the Condominium Act allows the deductible to be charged back to the offending unit owner, among others, following notice and an opportunity to be heard. Therefore, a “winterize reminder” is beneficial for owners and the association.
• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.