DATE: Saturday, November 29, 1997           TAG: 9711260401

SECTION: REAL ESTATE WEEKLY      PAGE: 04   EDITION: FINAL 

COLUMN: COMMON GROUND 

SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN 

                                            LENGTH:   75 lines

IT'S TIME TO THINK ABOUT COLD WEATHER

Q. As a manager of a community association, I am concerned with the onset of winter and the possibility of ice and snowstorms. What responsibility do we have for removing snow, and when is it reasonable for the residents to expect it to be cleared?

A. The Hampton Roads cities do not have, to our knowledge, any ordinances requiring snow removal from private property. The association, thus, has no legal requirement for removing snow or ice. However, the liability for someone falling and being injured or even an automobile accident in the parking lot means that you need to have a removal plan in effect.

First, you should have a contract with a company to provide the services needed. This contract needs to spell out the work that is expected when it is to be performed and the type of chemicals to be used. It is reasonable to pay for these services on an as-needed basis rather than as part of the contract fee. This is primarily because of the unpredictability of this type of weather in this area.

Second, the board needs to establish a written policy on removal. This needs to spell out who is responsible for cleaning the common elements and the limited common elements. In most associations, the unit owner is responsible for maintaining the limited common elements assigned to his or her unit. This means that an owner should be responsible for removal of snow on stair decks and walks that serve only his or her unit. This also means that the association is responsible for the common element walkways, drives and parking areas.

In addition, the policy needs to set the time when the removal is to be completed. For example, if it snows overnight, it is not reasonable to expect the clearing to be completed by 7 a.m. the next day. Also, it would not be reasonable to expect that the snow would be removed during an active storm.

Third, make sure the insurance policy covers snow-related accidents.

Fourth, provide a copy of the policy to the unit owners so they are aware of the manner in which snow and ice removal will be handled.

Some examples of the ways to handle different types of weather are:

Ice storm: With everything covered with ice only if may be impossible to do anything more than to use various melting agents. Urca-based products are generally recommended because they do not damage the concrete/asphalt surfaces nor do they harm the grass and other plant life.

Light snowstorm: Sanding and salting the common areas may not be necessary if temperatures are rising, resulting in a quick melt-off of the snow or ice.

Moderate snowstorm: Plowing, sanding and salting are required as soon as the snow stops falling. Snow mounds from plowing should be removed so there are not mountains of snow left the parking area, causing ponds that will freeze over with dropping temperatures.

Severe snowstorm: Batten down the hatches, build a fire and wait. When severe storms paralyze the area, as happened back in the '80s, the only thing that can be done is to wait until the roads are clear enough to get equipment to the association to begin clearing. Maintenance personnel should not be put at risk nor should they be asked to violate travel bans.

We hope that as in the past that we will have some winter weather to remind us of its beauty, but not so severe or often that it becomes a problem.

Writers' note: Recently we have had a large number of phone calls asking questions about specific association problems. Many of these calls have resulted from our columns being reprinted in community association newsletters. Since all the columnns are copyrighted, we request that before publishing a column, you contact us for permission. Also, when reprinting a column, please do not include our contact information at the bottom of the column. While we enjoy talking with our readers, our schedules do not permit us to respond to specific questions regarding a single association, except through this column. MEMO: G. Robert Kirkland, president of a Virginia Beach property

management consulting firm, and attorney Michael A. Inman specialize in

Virginia community association issues. Send comments and questions to

them at 2840 S. Lynnhaven Road, Virginia Beach, Va. 23452. To submit

questions by phone, call 430-3381; by fax: 431-0410; by E-mail

(turk(AT)norfolk.infi.net).

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