Policy of Responsibility for Damage

Policy for Responsibility of Unit Owners for Damage caused to the Property of Either the Whitney HOA or Other Unit Owners

During the resolution of several recent water related events originating from within a residential unit, questions have been raised as to the responsibility for costs associated with repairing damage resulting these events. The following policy outlines the responsibility for these costs. See excerpts from The Whitney Master Deed and By-Laws regarding these matters on the following page.

Damages Resulting from Whitney HOA Property Failure

In cases of damage, caused by water, electricity, gas, mechanical systems or otherwise, where the cause is determined to be the result of a failure of Whitney HOA property, the Whitney HOA Board and Property Manager will assume responsibility for mitigating the damage, arranging for repair and restoration work to be done, payment for the work and submission of claims to the HOA insurance carrier, if appropriate.

Damages Resulting from Causes within a Residential Unit

In cases of damage, caused by water, electricity, gas, mechanical systems or otherwise, where the cause is determined to be the result of an event or action that occurred within a residential unit, the unit owner and his/her insurance carrier shall be primarily responsible for the arrangement of mitigation efforts, repair and restoration work and filing of claims and payment adjudication with their personal condo insurance carrier. Causes of damages that fall under this category include, but are not limited to: accidental spills and overflows, negligence, failure or malfunction of a plumbing fixture or appliance inside the unit, failure or malfunctions of Limited Common Elements serving a single unit such as pipes and connections to water heaters, HVAC units and other single unit devices, failure to maintain a minimum level of heat (60 degrees or more) in a unit during cold weather, inadvertent or inappropriate usage of a device or appliance that produces a damage event, and all other such causes.

The Whitney HOA Property Manager may be involved in assisting a unit owner in arrangements where the cause is likely related to a residential unit event and when there is an impact on Whitney HOA property. In all other cases, it is expected that neither the Property Manager of the HOA nor the HOA Board will assume any direct responsibility managing the mitigation, repair and restoration efforts. Even if the Whitney HOA Property Manager or Board is involved, the Whitney HOA insurance carrier is not expected to be involved unless the cause directly relates to a failure of Whitney HOA property.

Damages to Common Elements Related to Move-In, Move-Out or Personal Construction within a Unit

It is the responsibility of the unit owner to pay for all damages to common elements of the Whitney HOA related to the processes of moving in or out as well as any construction activities within a unit. These and other responsibilities are more completely laid out in detail in the following sections of the Whitney Master Deed and By-Laws:

Supporting Excerpts from Whitney Master Deed

Paragraph 14. Maintenance, Repairs and Replacements

Page 19: Liability for Costs to Repair Damage to Another Unit Caused by Act or Negligence of a Unit Owner or their representative.

If, due to the act or neglect of a Unit Owner, or of his agent, servant, tenant, family member, invitee, licensee or household pet, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements are required which would otherwise be a common expense, then such Unit Owner shall pay for such damage or such maintenance, repairs and replacements, as may be determined by the Board, to the extent not covered by the Association’s insurance.

Paragraph 15. Alterations, Additions or Improvements

Page 20: Liability for Costs to Repair Damage to Another Unit Caused by Alterations, Additions or Improvements made by a Unit Owner in their unit as permitted in the Master Deed.

Any Unit Owner may make non-structural alterations, additions or improvements within and to his Unit without the prior written approval of the Board, but such Unit Owner shall be responsible for any damage to other Units, the Common Elements, the Property, or any part thereof, resulting from such alterations, additions or improvements.

Supporting Excerpts from Whitney By-Laws

Article 5 Use and Occupancy Restrictions

Section 2: Maintenance and Repair Page 18:

Every Unit Owner must perform promptly all maintenance and repair work within his Unit that, if omitted, would affect the Property in its entirety or a part belonging to other Unit Owners, and is responsible for the damages and liabilities that his failure to do so may cause.
All the repairs of internal installations of a Unit such as water, light, power, sewage, telephone and sanitary installations, lamps and all other accessories belonging to the Unit area shall be maintained at the Unit Owner's expense.
A Unit Owner shall reimburse the Association for any expenditure incurred in repairing or replacing any Common Elements damaged through the Unit Owner's fault, together with a fee equal to twenty percent (20%) of the cost of any such repair or replacement.

Section 6: Rules and Regulations, Pages 22 and 23:

18. All damage to the Buildings or Common Elements caused by the moving or carrying of any article therein shall be paid by the Unit Owner responsible for the presence of such article.

23. Any damage to the Buildings or equipment caused by Unit Owners, employees of Unit Owners or their invitees, licensees, guests, visitors, clients or patients shall be repaired at the expense of the Unit Owners responsible for such damage.

24. Unit Owners shall be held responsible for the actions of their employees, invitees, licensees, visitors, clients, patients or guests.