Condo Media - December 2014 - 18

N e w s
R e g i o n a l
C A I

as fire alarms and fire suppression,
devices are key.
Associations should also have emergency supplies on hand, such as water,
batteries, candles, and matches.
A communication plan between
the management, board, unit owners, emergency officials, and the like
should be in place.
Engineers, architects, and other
professional contractors may need to
be on board to interface municipal
officials like the occasional obstinate
building inspector.
Property managers and boards
would be wise to engage a property
restoration outfit that will coordinate
with the public authorities (i.e., fire
chief, police, building, health, and
utilities officials), if necessary. Many
restoration companies also interface
with the engineers and architects as
part of the post-disaster response.
If the property manager, however,
is handling these communications

without further help, they should put
provisions for compensation regarding this additional work in their
management agreements.
Though most governing documents permit condominium boards
and its agents emergency access into
the units, it would make sense to
double check to ensure that this is in
fact the case.
There should also be a plan in
place for evacuation. Exits should be
properly marked and free from debris
and other encumbrances (i.e., bikes
on stairways, doors that stick). Unit
owners should have a plan for backup housing if the building is temporarily condemned.
Unit owners should be told that the
Master Policy of Insurance in most
cases will not cover relocation expenses, such as hotels or plane tickets. Also,
unit owners should be told they are
responsible for condo assessments even
though they can't occupy their units.

Representing Condominium Associations, Homeowner
Associations and Management Companies throughout
New Hampshire and Northern Massachusetts.
Providing representation in all areas of condominium
law from drafting and execution of condominium
instruments, amendments, collection of assessments to
litigation from trial through appeal.
For specific questions and to find out how we can
service your particular needs, please contact our office
and speak with one of our attorneys.

(603) 627-5997

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Manchester, NH 03104

(603) 742-1052
3 Webb Place
Dover, NH 03820

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www.fenigeranduliasz.com
Serving clients in all of NH and northern MA
18

Condo Media * December 2014

Another important part of the
plan is procuring the correct insurance. The condominium's master
policy must have the appropriate
amount and type of coverage pursuant to statute and the applicable
declaration. For example, one type
often missed is ordinance and law
coverage for code upgrades. If the
condo was built in 1975, chances
are the rebuild may require code
upgrades. The deductibles on the
insurance are often substantial, so
then if they are not reallocated to
the unit owner, proper reserves
should be in place to cover those,
together with any amounts not covered by the insurance.
Perhaps a discussion should be
held with unit owners and suggestions made to have everyone in the
condominium purchase insurance to
take care of whatever amounts are
not covered by the Master Policy. A
good HO6 homeowner's policy will
also cover temporary housing for
displaced homeowners and assessments paid while the property is not
habitable.
There may be issues of claims management as well when multiple unit
owners are making claims. It might
make sense to have a general "clerk
of the works" supervise not only the
repairs and restoration but the claims
handling too.
Lastly, if there is a shortage of funds
that fall between the cracks of homeowner's insurance policies and master
policies, the shortfall can many times
be made up by emergency loans from
association lenders.
So then, if the fickle finger of fate
points your condominium's way, it
would be good to have a great leader
or people taking the lead to get the
needed tasks done. But again, before
all this happens, it would be prudent
to have a plan in place before disaster
strikes. CM
Frank A. Lombardi, Esq., is a partner
in the law firm of Goodman, Shapiro,
and Lombardi LLC.
Condo Media - December 2014

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