As the weather begins to cool, one perennial issue our firm inevitably faces is assisting a board that is dealing with a water pipe that has frozen and ruptured in an owner’s unit. These incidents can cause substantial amounts of damage to the common elements, the unit where the burst pipe is located, and adjacent units that may be affected by the resulting water leak. Further, given the nature of the issue, these incidents often occur at inconvenient times and require prompt action. As such, it is prudent for boards to take any advance measures to reduce the likelihood of such incidents and develop a game plan for addressing them in a manner that will limit the extent of damage and disruption caused.

     As an initial matter, it is advisable to adopt rules that clearly set forth owner obligations for maintaining adequate heat in a unit and addressing other vulnerabilities. In addition to clarifying obligations, such policies can serve as an educational tool for unit owners and ensure they are aware of any maintenance items that may be their responsibility. For example, in some communities owners may have their own outdoor water faucets, which may fall within the scope of their maintenance responsibilities. Advising owners of the need to disconnect hoses, maintain minimum heat levels within a unit, or other such precautions during certain months or expected weather conditions can serve to highlight that responsibility to owners and hopefully reduce the likelihood of future incidents. 

      Additionally, policies or rules that clearly outline or establish cold weather maintenance and heating requirements strengthen the Association’s enforcement rights and ability to collect any damages that may be caused by a burst pipe. Where there may have been some question or argument related to maintenance language contained in the governing documents, by explicitly reducing expectations and requirements into a rule or adopted policy, owners become obligated by those rules and the violation of such then becomes more clear-cut than it may otherwise have been.

     Beyond creating rules aimed at avoiding burst pipes and the related issues, boards should have a plan or knowledge of how to address such situations when they do arise. One particularly vital item is for the Board to take advanced measures to ensure that it has current contact information for all owners and occupants. Ohio Revised Code Section 5311.09(2)(a) and (b) require owners to provide home and business telephone numbers for the owners and all occupants of a unit. Associations should take advantage of this statutory provision to ensure it has updated records, as this will benefit both the association and the unit owners if disaster strikes. Indeed, it is not uncommon for a pipe to freeze because a unit has been left vacant, either because of travel or some other reason, and, as such, the unit owner is often not present when the leak is discovered and occurring. As a result, the association may be required to force entry into a unit through a lock-smith or other more-damaging methods. If the association is able to contact the owner promptly, however, such actions may be avoided. Similarly, some association may even be able to require owners maintain keys or other methods of providing access to a unit in an emergency.

     As is often the case when dealing with issues within a condominium or subdivision, the options available or the procedures that may make sense are highly dependent on the specific governing documents at issues and the unique characteristics of the particular community. It is, therefore, always important to review any rules or policies with the association’s legal counsel and property management to ensure their validity and practicality.

     If you have any questions or are interested in creating a cold weather action plan that addresses the needs of your community, please reach out to one of our attorneys at: (614) 228-0207.