Commercial Association Snow Removal Dispute
I have a new commercial tenant in a shared 8 unit condo business / retail center. I am the new guy on the block as far as ownership.  My tenant runs a pilates studio and has classes in the evening and on the weekends. We had a snow storm 3 weeks ago and the snow was not cleared from the parking lot. The tenant contacted me and was concerned. 

I reached out to the association president who (very long story short) said the owner take care of snow themselves. I said I do not office there and this will not work. I need to have the snow cleared in a storm. They have now stonewalled me for 2 weeks. Meanwhile, my tenant is furious because we have had other snowstorms. 

They have now caved and said they will plow M-F and during normal business hours:  Text of email from the Property Manager:

 *Property Management has a snow removal service that will plow and deice the Arney Lane lot. This service will provide the plowing and deicing as follows:* 

* *Parking Lot will be maintained for business hours M-F, 8-5.*
* *All cars will need to be removed from front of the lot for plowing outside of business hours. (Rear Parking Spaces can be used)*
* *The lot will be plowed when there is 1” or more of snow and the temperature is below freezing. (no since plowing if it is going to immediately melt).*
* *Deicer will be used in all traffic areas after plowed.*

*It is and always has been the individual owners responsibility to maintain (shovel and apply salt) as needed in front their respective entrances. Any additional services would increase the amount allotted for in the approved budget and could result in additional association fees. We not only thank you for your cooperation but appreciate the efforts made.* 

I have rejected this because the tenant has evening and weekend classes. The president of the association has now called a meeting for tomorrow with a very rude tone to his email. Basically saying I am threatening legal action and we have to meet to coddle me. I am simply asking for what the CCRs call for that we all accepted when we purchased (the section on parking lot maintenance is below).

**I would like to say this in the meeting:**

*An association has a “fiduciary duty” to its members / owners. This means the association must fulfill its obligations under the CC&amp;Rs using “ordinary care” and in a good faith and reasonable manner.*   


*The governing documents expressly give the HOA the responsibility to maintain the common areas and the association is not doing so, the owner has the basis for a lawsuit for breach of covenant.*

A*dditionally, owners have the right to expect the association to exercise ordinary care in the performance of its duties. If the association fails to act in a reasonably safe and prudent manner, an owner might have a claim for negligence.*

**I would also like to contact the association insurance company to advise they are not attempting to mitigate possible claims. Yes or no on this?**

I don't want to have to hire an attorney, but I have my lease and leasing commissions I paid to protect.

Any advice would be very appreciated. 

&amp;#x200B;

https://preview.redd.it/xrgmayywxec41.png?width=1022&amp;format=png&amp;auto=webp&amp;s=4a45702a9c0551dad4b2b9164710c5f803712627
[{"id": "ffav7b2", "text": "I hate to break it to you but this sounds like a guy whose going to tell you your wrong no matter what facts you have with you. I\u2019d get a lawyer to help draft a letter. I don\u2019t think you are talking major time or money.", "replies": [{"id": "ffcdkne", "text": "I have the same feelings.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ffbbgdw", "text": "I mean snow can only be cleared so many times. Usually they get it done as soon as they can after it snows. \n\nNot sure you can demand they come at any hour to get the lot cleared because she has night classes.", "replies": [{"id": "ffcdnfx", "text": "You have missed the issue. They are refusing to clear snow on weekends or \"after hours\"", "replies": [{"id": "ffcez8x", "text": "That's weird because when you hire a company to do it, usually they prefer to do commercial space at night after they are closed or before they open. \n\nMust just be because they have thier snow done in house from the management company and they dont want to do it.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ffca3u4", "text": "From briefly reading that, I would say the association is likely in the wrong. Yes they likely do a budget every year and snow removal is in there but it\u2019s also considered an uncontrollable expense which means they will just have to reconcile at year end for recovery purposes. This is a NNN lease yes? \n\nIt is also a liability if they don\u2019t take care of sidewalks and whatnot. Do you have further lease language talking about CAM and the tenant\u2019s responsibility?", "replies": [{"id": "ffcdwba", "text": "It is not NNN lease. Really single net. My lease with my tenant has no language for parking lot maintenance responsibility because I pay the association to maintain the parking lot.", "replies": [{"id": "ffdmy7u", "text": "&gt;An association has a \u201cfiduciary duty\u201d to its members / owners. This means the association must fulfill its obligations under the CC&amp;Rs using \u201cordinary care\u201d and in a good faith and reasonable manner.\n\nu/1lifelonglearner Interesting.  \n\n1) Is the property a predominately office setting or retail setting (expenses are typically shared and I'm curious if the general tenant use is during M-F 8-5pm or on weekends as well)? I could see it very difficult to convince an Association that they should pay for after hours / weekend removal when your unit (tenant) may be the only one to benefit from it.    \n\n2) I've seen landlords specifically carve-out after hours and weekend maintenance as charges to be incurred by a tenant at their own expense. Do you have any such defined \"Business Hours\" in the lease you have with the tenant?\n\n3) Have you reviewed the definition of \"Common Area\" in the Bylaws and/or the respective maintenance contract that outlines when work is to be performed? \n\nFeel free to PM me directly.  I'm not an attorney but happy to give an alternative perpsective.", "replies": [{"id": "fhml5nx", "text": "Thank you!", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}]