Quote:
Posted By MichelleG7 on 03/16/2021 8:40 AM
Ive been researching and noticing that a rule can be made to hold unit owners responsible for removal of snow and ice from their front decks .Anyone have any thoughts on this. What do you follow for the removal of snow and ice. And I ask what about the nights after the snow melts.. the roof drips drios all day long the ice forms on the front decks and the contractor is not expected to treat the front decks every time there is a smidgeon of ice on them.
Thoughts:
* Are the decks part of the Units, or are they (Limited) Common Elements? If the former, I assume owners are responsible (although check your governing docs under the sections that address owner responsibilities).
* You may need to be more aggressive about treating these things if they create icy spots overnight. The rule of thumb is that associations are liable for man-made conditions that result in an injury. For example, it snows overnight, somebody is walking through the snow and falls: probably not a liability issue. Second example: you have a low-lying area that catches snow melt each day and re-freezes overnight, and someone falls on the ice: probably a liability issue because it's a known hazard.
* Talk to your association's insurance agent and see what they say. Ditto the attorney if you can get a general opinion without spending an arm and a leg.
* Even if you do make a rule that owners must clean their decks, you should assume that a certain percentage won't do it and address the liability issue accordingly.
* In the past, our association has provided buckets of ice melt (calcium chloride, not salt) to owners for their use when we get less than 2 inches of snow. We did this to protect the concrete, we didn't want folks buying their own salt. People may be more likely to use a product if you make it convenient for them.
I sympathize, snow and ice are a pain in the keister.