[Read more…] about May we (board) dictate what may or may not be asked at an open meeting? Maybe we state certain questions are “off limits” and may not be asked? May those that ask a question considered “off limits: not be allowed to ask additional questions for a set time frame determined by the board? Our logic this would help prevent confrontational situations for the betterment of the community.
An association may receive payments for the use, rental or operation of the common elements and this would include utilities that are not part of any unit. In addition, the Association may enter into contracts. Unless stated otherwise in the Declaration, these powers can be exercised without approval of the members. However, it is important to keep in mind that Board members owe a fiduciary duty to the association and must perform their duties in good faith in a manner they reasonably believe to be in the best interests of the association.
Eric J. Phillips, Esquire
Hladik, Onorato & Federman, LLP
298 Wissahickon Avenue
North Wales, PA 19454
Direct Dial: 267-662-9035
The answer to this question depends on the rights of the board under applicable law and the powers granted to the board under their governing documents. Thus, I cannot provide a definitive answer with knowing the state in which their operate and review their documents and applicable law.
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
I am not sure I understand what is meant by “utility hookup”. The Board need not obtain owner approval for much of what it does as it is comprised of elected (and sometimes appointed) representatives who act in the best interests of all members. With that said, if the question is asking if the association (through the Board) can allow a business to use utilities provided and paid for by the association in exchange for a payment by the business, the answer is probably yes. But I am unsure why the association would want to enter into such an arrangement. That opens the door for any person or business to ask to use association-provided and paid utilities in exchange for payment therefor. It is not a recommended action.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
Boards, depending upon state law, are generally permitted to access an owner’s unit in the event of an emergency, which would include, but not specifically be limited to, situations where damage to the common elements is imminent and life safety issues. So, if a violation report has been registered with the board of a life safety issue or of possible damage to the common elements, the board arguably would have the right to access the unit in question.
Entering into a party’s unit without express permission is always problematic, though; so, I would recommend that if the board is informed and believes that a violation has occurred that it should request in writing permission to enter. If entry is refused, unless the Board is informed and believes that a life safety issue exists which is imminent, I would recommend that the board institute a declaratory judgment action to request the court to declare that the association is entitled to entry, which the unit owner in question has denied.
Nelson Mullins Riley & Scarborough, LLP
BNC Bank Corporate Center, Suite 300
3751 Robert M. Grissom Parkway
Myrtle Beach, SC 29577
[Read more…] about My building’s super is also a shareholder. He also serves on the board. I think this is a conflict of interest, as he is basically his own boss and has a voting bloc that approves anything he does. Is this a conflict of interest? I cannot get some of my fellow shareholders to realize this.
[Read more…] about We have a homeowner that has started up an email address using our associations name. He is using it for the upcoming election with some advice for people regarding the ballot. Is that a misrepresentation of an email coming from the association? When homeowners get it they are thinking that it is coming from the management company and the Board of Directors. This has caused a lot of confusion about the upcoming election.
[Read more…] about We have owners would like to install a pellet stoves in their units. There is nothing mentioned in the governing docs, but we have architectural control. The building inspector said they would require approval from the association before issuing a permit. Townhouse residents are nervous about these kind of stoves. Would the recommendation of an engineering inspection in regard to safety be called for?
By William Pyznar P.E. & Andrew Amorosi, P.E., R.S.
Community associations, building owners, engineers, contractors and property managers deal with the constant battle of keeping water out of the building envelope, but sometimes the water that causes stains, mold and decay actually originate from within the building envelope. The cold temperatures of the winter months combined with specific interior conditions can result in excessive condensation and even bursting pipes.
Condensation may be in the attic, basement and crawl spaces or inside wall cavities. Deficiencies in the original construction or recent reconstruction of exterior wall cavities, basements, crawl spaces, roofs and/or attics can exacerbate the conditions resulting in excessive condensation conditions and potential for damage and mold development. Sometimes, the conditions may be seen, but many times, the conditions and subsequent damages may be hidden from view and worsen with each passing winter season, escalating repair costs.
Condensation will also form on cold surfaces (such as single window panes and aluminum window frames with no thermal break or un-insulated walls) as warmer moisture saturated air contacts the cold surface, causing the air that is in contact with the window to cool. These conditions can also result in damage to insulation, structural components, or interior finishes and mold growth.
Aside from proper construction methods and materials, the most essential aspect of preventing moisture damage to a building from condensation is to keep indoor relative humidity at effective levels during the winter season. Humidity levels consistently below 30% may cause respiratory problems and shrinking of wood furniture, flooring or trim. Readings of 30% or higher appear to prevent or certainly reduce these problems; however, higher humidity levels begin to create the potential for condensation build-up.
When indoor heat and humidity become elevated during the winter season, condensation conditions begin to appear. It is difficult, even with proper wall construction and vapor retarders, to construct a building that will not have condensation problems when indoor humidity exceeds 40 or 50 percent without incorporating special design aspects of mechanical equipment including de-humidification; however, lack of proper construction can result in major problems.
Normal household activities such as cooking, showering or bathing, washing clothes and dishes, drying clothes, even breathing and perspiring can raise the humidity levels in a home. A typical family of four converts three gallons of water into water vapor per day. It takes only about six pints of water to raise the relative humidity of a 1,000 sq. ft. home from 15 to 60 percent. Therefore, any excess of the activities listed above can elevate the moisture in the air even more.
To reduce the potential for condensation and avoid the problems of excess moisture, it is necessary to limit or control the amount of water vapor in the house. This can be accomplished by modifying lifestyle activities and/or by using mechanical means such as exhaust fans or dehumidifiers.
To reduce moisture vapor production within the home, the following can be implemented:
- Decrease shower time.
- Maintain heat at 68 degrees F and not higher.
- Avoid boiling water or liquids excessively.
- Limit clothes washing to full loads.
- Open blinds and drapes so that air can circulate freely over the windows.
- Do not hang wet clothes inside the home.
- Move furniture such as sofas and bookcases so they are not touching outside walls. This will improve air circulation around the cooler, outside, wall and reduce condensation potential.
- Open windows a bit to allow moisture to escape and promote air movement as well when cooking.
- Install properly sized dehumidifier(s).
Similarly, bursting pipes in the winter may be a result of deficient construction. Lack of insulation, or the location or penetrations of the pipes through walls are main factors in this condition.
Ensure that pipes are in heated spaces and/or properly insulated.
Look for areas where water supply lines are located in unheated areas. Look in the basement, crawl space, attic, garage, and under kitchen and bathroom cabinets. Both hot and cold-water pipes in these areas should be insulated.
Install products made to insulate water pipes like a pipe insulation sleeve or heat tape on exposed water pipes as needed.
Keep garage doors closed if there are water supply lines in the garage.
Allow a cold-water drip from the faucet served by cold exposed pipes, running water through the pipe (even at a trickle) – may prevent pipes from freezing by allowing air to escape.
Building codes address the amount of insulation to be used and the use of vapor barriers and vapor retarders; however, specific design analysis is not a requirement. While building codes also address ventilation and moisture control in general terms, they lack specifics with regard to varying construction or conditions. It is critical that each specific condition be properly analyzed.
In general terms, the following information typically applies to Northeast construction:
As the most basic and general rule, a vapor retarder should be installed on the warm side of the insulation during new construction or during significant rehab projects. This vapor retarder will limit the amount of interior water vapor that passes into the wall cavity. This is typically accomplished by installing paper faced insulation upon original construction. Although not a code deficiency, the paper backing on typical blanket insulation is technically a vapor retarder, but the ends do not overlap each other over the edge of the studs for it to be completely effective. It is also difficult to provide coverage of wall, window and door framing with this type of vapor retarder. A more effective vapor coverage may be the installation of wide sheets of polyethylene inside the wall with precise cutouts for windows and outlets.
Locations of water pipes and penetrations in cold spaces should be properly insulated. The design professional should analyze the wall cavity to determine whether the assembly is susceptible to condensation. There are many variables that affect this potential: 1.) Different systems will react differently and need to be investigated to ensure that they are proper. 2.) The types of materials and their respective R-values, permeability ratings, thickness as and even locations within the cavity are all factors that can affect the potential for excessive condensation to occur. 3.) The size, type and layout of the interior environment are also factors that should be considered.
A change in any of these variables can affect the potential for condensation build-up dramatically. For example, a change in a building façade from vinyl siding to a stucco system may create future condensation problems if the above discussed variables are not analyzed. Additional vapor barriers or other products may be necessary, and should be considered.
Attics should be properly vented and insulated. The temperature of the attic space should be consistent with the exterior temperature. Flat roofs may require a similar analysis as with walls as discussed above.
Crawl spaces should be properly vented including as needed exhaust fans and/or sump pump systems to reduce moisture and protect framing. Water pipes in these spaces should be properly protected and may require heat devices.
Dehumidifiers and proper wall cavity construction are needed if finished space is desired. The construction, use and maintenance of a building can have significant impact on the humidity levels and condensation issues that may occur. Condensation was not much of a problem in pre-WWII construction, as the ‘loose’ or inefficient energy construction allowed for the flow of air and humidity in and out of the building. With new, more efficient, construction methods, and more appliances and living habits that encourage or increase the release of water vapor into the home, condensation has become more prevalent and the damages and mold growth that go along with continued wetting have become an issue.
It is important to properly evaluate an existing condensation or water pipe break condition to ensure the problems are not solely weather related.
William Pyznar, P.E. and Andrew Amorosi, P.E., R.S. are principals of The Falcon Group with headquarters in Bridgewater, New Jersey.
By Austin James, CPCU, ARM
Every year our country experiences catastrophic weather threats in a variety of forms. This could come from hurricanes, wildfires, hail storms, earthquakes, and blizzards. Many of these events can cause damage that reaches into billions of dollars. There are a lot of insurance companies that protect against these catastrophic claims, however most have high deductibles and there are a lot of exclusions. A product has arisen in the marketplace to fill the coverage gaps excluded by traditional insurance and help to pay for losses beneath the deductible. This is parametric Insurance.
How does Parametric Insurance differ from our current Insurance?
Parametric insurance is an index based insurance product that has been around for decades in the reinsurance space. Its goal is to provide immediate funds to the policy holder when a specific event has occurred within a measurable data set. Parametric insurance covers a specific peril (earthquake, hail, hurricane) which has a trigger (peak ground acceleration/earthquake intensity, hail stone size, sustained wind speed) and has a trusted 3rd party data source (USGS, Corelogic, RMS etc). Some programs may also have on-site monitors for local activity as a backup to the main data providers. The policy will have certain thresholds which activate the limit of indemnity purchased and when those thresholds are met the policy limit is available for payment.
Limits and Scope of Coverage
The limit of the policy is essentially a blanket limit for the insured that can be recouped to indemnify against any economic loss incurred as a result of the event. This can include items traditionally covered under insurance but underneath the deductible. It can also include any items not covered under the insurance policy but are still economic losses to the insured. This could include things like claims management fees from property managers, cosmetic damage to your structure, damage to outdoor property, engineering and safety certification costs, equity protection, the list is endless…
Unique Claim Resolution
One of the most attractive qualities about parametric is its ability to pay rapidly and without adjustment. Typically the insured just sends in a signed statement of loss with their economic claims identified and their check is issued within weeks after verifying that the policy trigger was met. The other really great part is that it pays out regardless of your traditional property carrier’s claim determination. Your property carrier could deny a claim and a parametric policy would still pay. You could even buy only a parametric policy without traditional insurance cover.
Minimizes the Stress of Traditional Property Insurance Adjustment
During a catastrophic event, insureds may find the claims process to be very stressful. They are joined in with thousands of other policy holders seeking payment and many times the process can drag out as adjuster resources are not infinite. Sometimes the value an insured receives from the carrier may not be what they were expecting or they may find an exclusion of coverage they didn’t fully understand before. In these scenarios, having the benefit of a parametric policy in place can be a godsend and a much needed relief to start the rebuilding process. Over the next decade you will see more and more implementation of this type of coverage and it is worth exploring as an option at your renewal.
Austin James, CPCU, ARM is an expert in parametric insurance and catastrophic property placement. Feel free to reach out with any questions. He is able to secure this coverage for you through your existing retail insurance broker. He is an Associate Director of the CAT and Specialty Property Division of The McGowan Companies.
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