Snow Removal for Condo Associations

snow removalPretty from the inside but a liability from the outside, snow and ice accumulation on steps, roads, and walkways not only can cause injuries but lead to lawsuits!

One lawsuit can be costly to any association. A resident could injure themselves, be unable to work, accumulate a mountain of medical bills and you, the association, could be paying the damages for all of it.

To avoid getting into this predicament it’s important to have clear snow removal guidelines in place. We recommend hiring qualified contractors and advising all residents not to take matters into their own hands.

Snow Removal and “The Reasonable” Standard

How quickly do you need to remove the snow from your complex? Since 2010, the Supreme Court has applied a “reasonableness” standard requiring that reasonable efforts be made to mitigate these risks. This differs from the “natural accumulation” standard which operated under the theory that residents should know it’s snowing and adjust their strides to the conditions. Under the previous standard, associations were generally not found responsible for slip and fall injuries. Under the current standard, it’s much easier for tenants to make negligence claims.

This means even if there is only a coating to two inches forecasted associations should have plows out throughout the storm. If you wait until the bulk of the storm passes, a judge can consider your response to be delayed and award the plaintiff.

Snow Removal and Documentation

Proper documentation is critical to fighting a potential claim. It’s important to have your snow removal contractor record the following:

  • Days and times they provided service to your community
  • What they did – sanded, salted, plowed?
  • Where they did it – mailbox, sidewalks, steps, etc.

Snow Removal Coverage

But what about times where the cost to remove the snow exceeds the budget? Last year’s winter was mild, but we aren’t too far removed from the snowstorms of 2015. Budgets were maxed out and many associations chose to assess their residents a supplementary condo fee to make up the deficit.

Snow removal coverage is an option that not only pays out when the budget is exceeded but can also help should the amount you paid for your snow removal contract was too much and not enough snow fell.

For more information about snow removal coverage or how to prepare yourself for the winter storms ahead, contact Brian Kilcoyne at briankilcoyne@hkinsurance.com or 617-612-6515.