Condo Media - June 2010 - 18

RHODE ISLAND N e w s

by Frank A. Lombardi, Esq.

R e g i o n a l

Is There a Handyman in the House?
There Are Many Reasons to Hire a Professional
ust because a board or committee can do something, doesn’t always mean that it should do it. The Rhode Island Condominium Act and most condominium bylaws grant the association, through its managing board, broad authority over the condominium property. Specifically, Section 3.02 of the RI Condominium Act specifies that the association has authority to take many actions, including, but not limited to the following: adopt and amend bylaws and rules; amend budgets; hire managing agents and independent contractors; institute and defend lawsuits; make contracts and incur liabilities; regulate the use, maintenance, repair and modification of common elements; have committee members with no licenses or professional experience volunteer to rewire and replace lighting fixtures in the common elements; cause additional improvements to be made ... Wait a minute! What was that one about volunteering to replace lighting fixtures? In its laudable efforts to save the association money, many times board members may be tempted to voluntarily undertake to do work around the common elements to save money it would otherwise cost to engage professionals. Yard cleanups and shoveling walks come to mind easily.

C A I

No Good Deed…
But what if a board wants to replace all of the aging lighting fixtures on the common elements themselves? On its face, it would appear to be fairly easy. As stated above, Section 3.02 of the Act and most bylaws cer-

tainly give the board the authority to take on the replacement project themselves. But, again, subscribing to the belief that “no good deed goes unpunished,” there may be some risks. Something as elementary as forgetting to shut the power off leading to a serious shock or even electrocution, or how about incorrectly rewiring leading to a shorted circuit or even a fire? Perhaps the project is big enough to require a permit from the town building inspector, and somehow that step was “overlooked.” Later, when a future major capital improvement needs to be done and a permit is pulled, the building inspector may not look too kindly upon the unauthorized electrical work and may decide to require a complete do-over as a condition to approving the unrelated work on say the roofs or siding. To be sure, most bylaws contain language wherein the association would indemnify board members for acts or omissions taken in good faith while carrying out their duties. However, there certainly would be an issue of indemnification should it be determined that the board member’s acts or omissions violated a municipal or state building code. As for insurance, should a board member get hurt while performing the volunteer work, there again may be an issue of whether or not this is a covered event under the terms of an association’s master insurance policy. And what about the insurance adjuster standing in front of the charred remains of a unit, reviewing a fire damage report that indicates the

cause was two wires that had been crossed, or worse, the recently installed lights required replacement of wires or an upgrade in amps? Of course, many boards typically have members that are quite handy and could probably do the lighting project with their eyes closed. But, that is not the point. Rather, it’s the consequences of an error in the work that concerns me. I once replaced my daughter’s dining room chandelier myself rather than engage an electrician. No, I had no experience in this area, but how hard could it be? Just shut the juice off, unfasten the old fixture, disconnect the wires, and then reverse the process, right? Well, judging from the phone call I received the next day from my daughter — not so easy. Apparently, when she returned home from work, the chandelier had fallen from the ceiling to about three inches from the glass table. The lights worked OK, but obviously the fixture itself needed to be refastened, and, just to be sure, I had an electrician check the wiring. Fortunately, no harm was done, except to my ego, of course, as this story gets repeated by friends and relatives anytime there’s work to be done around my house or my daughter’s as well. So, again, just because a board can do something, doesn’t always mean it should do it. CM Frank A. Lombardi, Esq. is a partner in the law firm Goodman, Shapiro & Lombardi LLC. He is co-chair of the RILAC and member of the CAI-NE Rhode Island Regional Committee and a frequent author and speaker.

CONDO MEDIA • JUNE 2010

Condo Media - June 2010

Table of Contents for the Digital Edition of Condo Media - June 2010