An association’s maintenance and insurance obligations are typically set forth in the association’s declarations of covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards and managers clear answers. Many provisions of the declaration need to be cross referenced and read in conjunction, and statutes consulted, before an answer can be obtained. This can result in numerous calls to the association’s attorney and increased legal costs. Rather than consulting legal counsel every time a maintenance or insurance question arises, many associations direct their attorneys to prepare a maintenance and insurance chart. This article explains what a maintenance and insurance chart is and how it can benefit you.
A maintenance and insurance chart is exactly what it sounds like: a chart that sets out in detail who (owner or association) is responsible for maintaining and insuring various parts of the community. For example, the chart will set forth who is responsible for maintaining and insuring drywall, cabinets, light fixtures, doors and windows of condominiums and townhomes.
Prior to preparing a maintenance and insurance chart, we look at the association’s governing documents and plat maps. We also talk to the board and manager and determine if any specific problem areas exist in the community that require special attention. Finally, we visit the community and become familiar with the community’s layout, recreational facilities and any special or out of the ordinary features.
Once the board obtains the completed chart, it should distribute the chart to owners within the community. The maintenance and insurance chart will not only be useful in answering the board’s and manager’s questions, but the chart will also answer owners’ maintenance and insurance questions and preempt calls to the board and manager from confused, uninformed and oftentimes angry, owners.
To summarize, a maintenance and insurance chart is a useful means to assist associations with answering questions concerning who is responsible for maintaining and insuring various parts of the community. The charts also benefit associations by providing answers to legal questions which, in turn, reduces phone calls to the association’s attorney and thereby reduces legal costs.