Fixtures

Water Damage Claims in Your Condo Association

Published on: June 26, 2018 | by Steven J. Tinnelly, Esq.

hoa-water-damage-claims *New Library Article!

Many condominium associations face problems due to a misunderstanding of how their association’s policies of insurance operate and should be utilized—especially in connection with property damage emanating from broken pipes or plumbing fixtures. Those problems include, among others: (a) denying owners the benefit of the insurance coverage to which they are entitled; (b) having the association assume broader repair responsibilities than what it legally must or should; and (c) failing to adopt policies to allow for losses to be resolved in consistent, equitable and cost-efficient manners.

Our HOA attorneys have authored a new article to address these problems by dispelling some of the confusion at their core. In doing so, we provide recommendations as to how condominium associations should approach water damage claims with the assistance of their HOA legal and insurance professionals. Those recommendations include what we believe every condominium association should adopt as part of their operating rules: a “Water Loss Policy.”

The article, entitled “Water Damage Claims in Your Condo Association,” is available for download from our firm’s library. You can access the article by clicking here.

Swimming Pools: Required Safety Signs

Published on: June 25, 2013 | by Steven J. Tinnelly, Esq.

pool signs hoa attorny california.png *Asked & Answered

Asked – Is there a new sign requirement for pools located in homeowners associations?

Answered – Yes. Title 24 of the California Building Code was updated to require new safety signs for public swimming pools. (Association pools are considered public pools.) Two new signs are required for all pools:

A sign shall be posted on the exterior side of all gates and doors leading into the pool enclosure stating, “KEEP CLOSED.”
A sign in letters at least 1 inch high and in a language or diagram that is clearly stated shall be posted at the entrance of the pool area which states that persons having currently active diarrhea, or who have had active diarrhea within the previous 14 days shall not be allowed to enter the pools water.

A third new sign must be posted at pool areas that have spray ground (interactive fountains) that children run through, and made visible from any part of the spray ground that states, “CAUTION: WATER IS RECIRCULATED. DO NOT DRINK.”

The signs are required immediately on all new pool construction; however, on existing pools it will be up to the Environmental Health Services personnel that inspect the association’s pool to provide the deadline for positing the new signs. It would be prudent to have the signs posted as soon as possible.

Content provided by TLG attorney Terri Morris

To submit questions to the HOA attorneys at Tinnelly Law Group, click here.

HOA Held Responsible for Deteriorated Pipes within an Individual Owner’s Unit

Published on: December 27, 2010 | by Steven J. Tinnelly, Esq.

The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA…