Ask the Attorney By Nigel Mendez, Esq., Carlson & Associates, Ltd.
This column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues that they have encountered with respect to their associations.
Q:
We have a unit that was foreclosed on by the mortgage company and is now vacant. How can we ensure that the pipes won’t burst this winter?
A:
If the occupants of a unit that has been foreclosed on (either by the mortgage company or the association) vacate the unit, the association should inspect to ensure that the heat is on or the property has been properly winterized. This time of year it is very important to verify that any units that are vacant have had measures taken to avoid
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Minnesota Communit y Living
frozen and burst pipes. Burst pipes can cause significant damage that will often extend beyond the single unit into other units or association owned property. So, what can an association do? First off, be sure to monitor foreclosures in your association so that you know when the redemption period ends and the resident moves out of the unit. If it was a mortgage foreclosure the unit will often be secured by a property management firm retained by the mortgage company. They will usually place a sticker on the door of the unit once they have secured it stating that it has been winterized and providing contact information. If there is no notice, advise the association’s attorney who can contact the foreclosing attorney to determine if the necessary measures have been taken to protect the unit and the association. If you are not sure if the unit is vacant, a board member or manager should take steps to determine the occupancy status. A letter can be sent asking the resident to contact the association. If you don’t get a response, you should also attempt hand delivery or tape a copy of the letter to the door. If your association uses electronic door keys, you can verify if the key is still being used. If the association confirms that a unit is vacant and has not been winterized by the mortgage company, the association is able to enter the unit to protect it against freezing. Further, if your association