Winter is here, and many HOAs and condominiums are already dealing with cold weather problems. Yesterday I spoke at the NC Community Associations Institute’s “Holiday Trivia Event” about legal concerns when associations prepare for winter.
As a follow-up that talk, here’s a short quiz to see how ready your association is. Only one answer is correct for each question.
- When hiring a snow removal contractor, what should the board confirm before signing?
A. That the contractor has at least three employees
B. The contract was reviewed and approved at a properly noticed board meeting or authorized by the management agreement.
C. That the contractor can begin work within 24 hours of notice
D. That the lowest bid is automatically chosen - How can an association best protect itself from slip-and-fall accidents on icy common areas?
A. Post a sign stating “Use at Your Own Risk”
B. Require each owner to sign a “winter liability waiver”
C. Maintain adequate insurance
D. Transfer responsibility to individual homeowners by resolution - What is the board’s primary legal duty regarding winter maintenance of roofs, gutters, and common pipes?
A. To perform maintenance only when funds are available
B. To delegate all responsibility to the manager
C. Maintain and repair common elements as the documents and laws require
D. Do nothing unless an owner complains in writing - Can an association require owners to winterize their units to prevent frozen pipes?
A. No, because owners have complete autonomy over their units
B. Yes, if the governing documents authorize it and proper process is followed
C. Only if the local government mandates it
D. Only after a pipe actually bursts - Why should boards review insurance coverage and vendor contracts before winter begins?
A. To ensure the association can delay repairs until spring
B. To reduce premiums by canceling unnecessary coverage
C. To verify adequate protection for snow, ice, and storm-related damage
D. To comply with annual audit requirements
Now that you have seen the questions, here’s why the correct answers matter.
#1 = B. The board must approve winter service contracts at a properly noticed meeting. Boards should not automatically choose the lowest bid. Their job is to choose the contractor who will best serve the community. A cheap contractor with a poor record can cause more harm than good. Community management contracts sometimes give such authority to the community manager. FYI, in North Carolina email votes of the board need to be unanimous by all board members. Generally, a three to two email vote should be addressed at a meeting to be valid.
#2 = C. Slip and fall risks are best reduced through good insurance and timely removal of snow and ice. Talk to the association’s agent! Warning signs and waivers cannot replace proper care of the property.
#3 = C. For roofs, gutters, and pipes, there is no one answer. As attorneys, much of our time, especially for townhome communities, is spent reviewing the facts, the governing documents, and state law to determine who is responsible for certain repairs. (And who’s responsible for the repair may not be who has to pay for it.) Every community is different, and maintenance and repair issues often require careful legal review.
#4 = B. Associations can require owners to winterize their units if the governing documents give that authority. Any enforcement must follow state statute. This includes proper notice and the fining process outlined by statute or possibly other enforcement permitted in the documents.
#5 = C. Insurance review is one of the most important steps before winter. Even when an association takes good care of the property, lawsuits can still happen. Some claims may have merit and others may not, but they still must be handled. Talk with the association’s insurance agents to confirm the right types and amounts of coverage, including liability, property, and Directors and Officers (or “D&O” insurance), at minimum. See North Carolina HOA & Condo Association Insurance Requirements & Considerations.
This article from my law partner Harmony Taylor may also be of interest: Snow and Ice Removal in HOAs and Condos. The article explains why it is important for associations to clearly define what areas they maintain in winter, such as roads, sidewalks, parking lots, or even driveways in some townhome communities. It also recommends having a written snow and ice plan that explains when action will be taken. Having a clear plan can reduce confusion and lower the risk of disputes.
Good planning now can help your community avoid major problems later and protect owners during the winter season.
For questions about any HOA/condo winter or other matter, contact a community association attorney at any of Law Firm Carolinas’ North or South Carolina offices.