HOAleader.com - Tip of the Week - November 8, 2019
Published: Fri, 11/08/19
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How to Know When Your Condo/HOA Disaster Plan Goes Too Far
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In this week's tip, we respond to a reader who has asked us to press our experts for concrete answers on how much disaster planning associations are required to do.
Our reader writes, "I received your response to my original question regarding the liability an HOA might encounter in attempting to put in place a plan, particularly for a high-rise building, for response to a major disaster such as an earthquake — basically, 'We don't give legal advice.'
"Can you, will you, put the question of planning for a disaster to some of your experts and see what they might come up with that would help guide those of us, particularly on the West Coast, when the question of how to plan for response to a major disaster, such as an earthquake, is brought before a board? This is a BIG issue for many high-rise buildings on the West Coast."
Let's start with a quick answer to the reader's question about earthquake preparedness in California. "What boards have to do is make sure they're up on California's earthquake retrofit requirements," says Joan Lewis-Heard, a senior associate at Swedelson Gottlieb in Los Angeles who specializes in community association law. "Some of those requirements vary by city, and there are a lot in Los Angeles. There are also lots of fire codes regarding things fire extinguishers, carbon dioxide monitors, and so on. As long as you're following the basic codes, that's rule number one."
Problems can arise, she says, when associations try to take on the task of protecting members during an emergency. "They're not required to do that," says Lewis-Heard. "What we do recommend is that boards put in a newsletter a reminder that owners have an earthquake-preparedness kit. In other words, include stuff that homeowners can be told that they can do for themselves, such as contacting your next-door neighbor and getting a buddy system going on. You might also suggest that if they know someone who's in a wheelchair, they might want to make sure they knock on that person's door if that's something they're willing to do.
"But boards should make that voluntary and a members' thing — not the association saying owners are required to do this," she advises. "It's important that it's not coming as a requirement for the association, such as in many office buildings where you have to have a fire monitor on every floor, and that's someone who stays to help people get down the stairs. That would be going too far — it's almost like you break it, you own it.
"You don't want anybody saying, 'You said I should go check on my neighbor, and when I did, the fire burned me,'" explains Lewis-Heard. "That's unless the board really does want to take on that responsibility. I represent some senior communities, and they actually do have floor monitors, and they do have a more comprehensive disaster plan. But they take on that liability knowingly."
Our experts have many more tips to help you find the proper line between necessary disaster planning and assuming liability your association doesn't currently have. Read them in our new article: https://www.hoaleader.com/members/4009.cfm
Best regards,
Matt Humphrey
President
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