By David A. Firmin, Esq, HindmanSanchez P.C.

Winter in a community association can be beautiful, serene, and of course wrought with perils from freezing pipes to slip and falls. In addition to the pipes and snow, the association also must consider the pressures of its budgets. Associations will look to trim snow removal costs in order to balance budgets by increasing the inches of snow that falls prior to calling for snow removal. These strategies, while well intentioned, may cause more problems than they are worth. 

Associations have legal responsibilities under the governing documents and through established common law to take sufficient steps to exercise reasonable care to protect against dangers of which the association knows or should know upon reasonable inquiry. With this standard in mind, the association can take several steps to mitigate risks and avoid potential pitfalls that come with the winter months. 

Education

As with all factors, education of both the owners and the board can go a long way. Prior to the first freeze of the season, the association should discuss the winter issues, including the importance of keeping a minimum level of heat in the units. Additionally, keeping cabinet doors open at night can assist in the air flow in the unit allowing warm air to keep pipes from freezing. 

The board should also take time to walk the property with its elected snow removal contractor. Point out to the contractor problem areas that tend to collect ice along with where the snow storage areas will be located. The board should also point out those areas that may need extra attention, which can be given while the contractor is there during the first snow push allowing for proactive snow removal. 

These problem areas can also be pointed out to the owners and residents within the community. This will assist residents in avoiding these problems areas. 

Be Proactive 

When dealing with snow removal issues, the association should look for ways to address the issues prior to their becoming a problem. Proactive ideas for winter issues include email blasts to owners prior to freeze and snow events reminding owners to turn up heating, opening cabinet doors, and if needed moving cars to allow efficient snow removal.  The association may also consider placing ice melt or sand stations in problem areas (identified in the snow walk).  

Encourage owners to promptly report problem areas as soon as they are known. The association can then take steps to mitigate these issues.  

In the Event of a Lawsuit…Don’t Panic

Of course, even the most prepared and diligent association can run into trouble. In order to ensure that the association is in the best possible position to defend a suit, the association should establish and follow policies and procedures for regular inspections, snow and ice removal, supervision of vendors, and posting warnings. If the association is notified of a slip and fall, the association should investigate the alleged area of the fall. Photographs of the condition of the area should be taken and maintenance logs preserved.  

Finally, risks can be shifted and insured through appropriate insurance coverages for the association, and through indemnity provisions in contracts with vendors and warnings. Associations should team with their insurance professionals as well as legal counsel to ensure coverages are sufficient to withstand these perils. In addition to the association’s master policy, the association should encourage its owners to revisit their personal policies. Make sure the owners and tenants have sufficient coverage for their personal property along with items not covered by the association’s policy. 

If the association takes the appropriate steps, “Winter is Coming” will not strike the association with fear of slips, falls, broken pipes and lawsuits (or dragons), but rather good tidings and cheer.

David Firmin is the Managing Partner at HindmanSanchez P.C. in Lakewood, CO. HindmanSanchez is a HOA law firm serving the Denver Metro area, Northern and Southern Colorado, and the mountain communities.

By Evelyn Saavedra, CMCA

Q: Explain the differences in maintenance between high rises and single-family homes?

A: Maintenance is important for all homes; however, what you do, or don’t do, in a high rise can leave your neighbors at risk.

In single family homes changes to the interior of a home typically don’t impact neighbors.  Residents transitioning from single family homes to condos have a lot more to consider when modifying their unit. For example, the underlayment for flooring used in single-family homes might not be neighbor friendly in a high-rise environment, depending on its STC/IIC ratings. What is STC/IIC? STC (Sound Transmission Class) is a rating for how well the underlayment reduces airborne sound such as music. IIC (Impact Insulation Class) is the rating for how well the underlayment reduces impact sounds such as someone walking.  Some high rises restrict hard surface flooring like hardwood altogether eliminating any worry about this; however, with proper ratings and installation hard surface flooring can be installed with minimal impact.  

Maintenance of appliances and the unit itself is also important. A simple item can easily impact other units. Think about where the water from a leaking refrigerator hose could travel to. No one wants to be in the unit below that is “rained” on. Yikes!  

Q: What are some key factors to consider for high rise maintenance?

A: One of the most important factors is figuring out a way to prioritize and track historical issues. Life and safety equipment should always be the top priority, and providing utility services to units is secondary. Why are historical issues important? If a manager starts to see trends, it may point to bigger issues.

In one of the buildings I managed, I noticed multiple complaints about the smell of marijuana coming from another unit. After looking at the locations of the complaints on various floors, we noticed there was one thing in common, they all were on the same exhaust stack. After conducting a simple airflow test on multiple bathroom exhausts, it was clear this was the path transferring the smell. We then discovered that the shaft was never fully completed, and the large section that was missing was causing the smells to be transferred to other units.    

Q: What is a BMS System and why is important for a high rise?

A: BMS stands for Building Management System also known as Building Automation System (BAS), which is a computer based system used to control and monitor a building’s mechanical and electrical equipment. With proper forethought and setup, this type of system can be used to identify issues before the residents experience the outcome of the issue.

For example, installing a sensor on the water temperature output of a chiller that has an alarm set to sound if the water temperature reaches a certain point, gives managers an indication that there might be an imminent loss of air conditioning. This allows managers to get ahead of the problem and fix the issue before the residents are impacted.  

Q: What can residents do to help with the building maintenance?

A: While many people buy in high rises looking for a lock and leave situation, there are important things that need taken care of within each unit. First, don’t delay on repairing a running toilet or leaking faucet.

It is also important to think about what is put down sewer lines and garbage disposals. It is shocking to hear about the things that plumbers pull out of sewer lines throughout the city. The garbage disposal is intended to grind down table scraps from your plate, with some small exceptions, not to be used as an in-sink trash can. As for pasta and rice? No way! Those items expand and swell, causing unnecessary clogs. Grease from a cooking pan also is not good for drains. It will solidify and act as a glue and plug with other items in the sewer lines. Things like this can lead to a sewer backup and, if not caught early enough, cause a lot of damage to everything around. Be kind, and remember in a high rise the sewer lines open to all of the units throughout the building.  

Remember, in a high rise everyone has different perspectives on maintenance and what is important. Most owners and residents want to be able to have a simpler life, and no longer worry about snow removal, landscaping and many of the maintenance items to that come into play with a single-family home. On the other hand, the manager and staff must be concerned with these items to ensure a correctly working building. However, maintenance awareness from both managers and residents leads to an improved high-rise experience for everyone.

Evelyn Saavedra is the Community Association Manager for the Residences at Penterra Plaza, a community managed by Hammersmith Management, Inc. Hammersmith Management provides a full range of management services for condominiums, single family homes, townhouse, high-rises and large-scale properties in Colorado.

By Nicole Stone, LMI Landscapes Inc.

Snow removal may sound simple, however finding a contractor to meet your needs can be more challenging than expected. To understand snow removal you must first know your property’s needs, the capacity of your snow removal contractor, and the art of communicating your snow removal needs to your contractor.  Finding a balance of the above is critical for the success of your snow removal. 

In order to set the stage for success, one must first determine the needs of your property. What are the expectations of the community, what are the trigger depths, what services do you want to have done, and do you have time sensitive needs? When determining your needs, budgets should also be taken into consideration.  When you have a clear picture of the expectations of the community, talk to your contractor relay the information so they can also understand what you are looking for. These expectations will help determine what type and the amount of equipment needed. Create a property map that shows where you would like to have the snow piled, where are your critical points, and any other detailed items that your contractor may need. 

Once the needs have been established, the next step is to search for the right contractor to meet those needs. Finding a snow removal service might sound like a simple task, however this might be the most difficult task of all. Here are some guidelines to assist when searching for a snow removal contractor:

• Are they a reputable company?
• Do they have insurance? 
• What services do they provide? 
• What are their rates? 
• How do they track the hours on the property?

 Snow storms do not operate under regular scheduled hours, so many storms take place throughout the evening when you’re fast asleep. This is when knowing your contractor’s reputation becomes crucial.

After the storm has passed, walk with your contractor see what was done well and look at what could be done better or more efficiently on future storms. These walks are critical at the beginning of the snow season.  If this is your contractor’s first storm, understand that changes might be necessary moving forward. While a plan might be in place, many obstacles could change the direction of that plan. Having a plan to start with is important, understanding that it might change is just as imperative. 

Remember, this is not a game of the Price is Right. This is finding the right contractor who can handle your community needs along with the ability to perform the services requested. Providing a clear picture to your contractor of your needs will help result in a successful snow removal season for all parties involved. This sets the stage for the art of snow removal. 

LMI Landscapes Inc. has been successfully servicing the green industry in Dallas, Austin, and Denver since 1987. We are comprised of three divisions; Construction and Irrigation Installation, Maintenance, Enhancements, and Irrigation, and Snow Removal Services. 

By Justin Foy, RS, Senior Vice President, SBSA

Ready or not, community associations and all other occupancies within Denver will be required to construct green roofs, install a combination of green roof/solar energy collection, or pay a fee to be exempt from this requirement. Following in the footsteps of cities like San Francisco and Toronto, Denver voters recently approved Initiative 300. This environmental measure aims to reduce the heat island effect, naturally drain and filter stormwater, and reduce greenhouse emissions.  This Amendment to the Denver Building Code will go into effect January 1, 2018. 

The law will apply to every building in the City and County of Denver that has a height equal to or greater than four stories or 50-feet and a gross floor area of 25,000-square-feet or more. The adjacent diagram shows how the green roof coverage requirement ratchets up with incremental increases in floor area. 

The law will allow a combination of green roof and solar energy collection as long as the combination is no less than 30-percent green roof and retains or collects for reuse at least the first 1/4-inch from each rainfall or 50-percent of annual rainfall volume. 

At a minimum, the law will require every green roof to be constructed with the following assembly (in order from roof deck up): an appropriate waterproof membrane for a green roof system, root repellent system, drainage system, filtering layer, growing medium, and plants, as shown in the diagram to the left. 

Because the City wants to ensure that each building’s structure can handle a green roof system, the weight of the green roof and solar panels may require building modifications to the structural components. Consideration from the foundation to the roof will have to be made, including deflection and ponding due to permanent loads now affixed to the building. Without the original structural drawings, your community may have to deconstruct the interior finishes to determine the structural systems used. 

If the vegetation areas are not uniform in loading, the effects of non-uniform or unbalanced loads, including drift loading against the sides of the beds, may have major impacts on the existing structural systems.

A wind uplift pressure and scour report will need to be prepared and stamped by a Professional Engineer when applying for a permit. Although the overall weight of the green roof system may account for the vertical loads, individual layers must be evaluated for their ability to resist both uplift and wind scouring forces. The report will need to show how the green roof design addresses these forces.  

To ensure structural and waterproofing integrity, test protocols that can be used to validate each component prior to application of the overlying component should be conducted. These include the use of sensors or other means to document pre- and post-conditions, such as:  

1. Flood test
2. Electric field vector mapping
3. Impedance test
4. Infrared thermal imaging 
5. Low voltage testing
6. High voltage testing
7. Moisture sensors 

The new law will dictate the vegetation performance and specify that the growing media be a minimum of 4-inches. No noxious weeds can be used. The plant selection and design will need to be used for urban agriculture or, within three (3) years of planting, the plantings will need to cover no less than 80-percent of the vegetated roof area. It is suggested that a landscape architect be engaged to provide recommendations and maintenance to ensure plant viability, particularly during droughts or winter.

A plan that defines the routine maintenance and necessary inspections for the green roof media and plantings to perform their required function will be required to be submitted with the permit application. Community associations will need to be aware of the operating and reserve budget impacts with the new roof system and as a new common element will require a change to the declarations under the procedures outlined by Colorado law. 

The new law provides exemptions or variances when it is proven that a community is unable to meet the green roof requirements. If two or more of the following circumstances are met, then an exemption may be permitted:

1. The building is being used for seasonal purposes.
2. The building is designed in such a way that it would not be possible to meet the requirements. 
3. The building retains or collects for re-use at least the first 1/4-inch for each rainfall or 50-percent of the annual rainfall volume falling on the roof through systems that incorporate roof surfaces.
4. The building has an Energy Star Building Rating of 80 or higher. 

A community can also make a payment of “cash-in-lieu” of construction of a green roof for the reduced or exempted area based on the average actual cost of construction of a green roof, which at this time is $25.00 per square foot. Denver will recommend changes to the cost bi-annually.

Regardless of whether a community association chooses to comply with the new law or make a cash-in-lieu payment, the impact of the new requirements will be far reaching if not impossible to meet. Communities will now need to carefully consider factors such as how to afford a new green roof system, the structure to accommodate a green roof, how it will be accessed, how it will be maintained, insurance policy updates, and reserve study updates.

Justin has project managed over $120 million in construction repair and rehabilitation projects for community associations across the United States. He has conducted over 1000 property investigations, property condition assessments, and capital reserve studies.  Justin was designated the 59th Reserve Specialist (RS) in the United States in 2001. 

By Elina B. Gilbert, Esq., HindmanSanchez

Associations are oftentimes confused with the police.  After all, it is not atypical for community managers or board members to receive calls from owners complaining about crime in their communities and demanding the associations do something about it.  Whether it’s alleged drug use, car theft, or domestic violence, associations seem to be the first place owners turn to for help.

Although many boards try to do the right thing and take steps to provide some levels of security in the communities, no good deed goes unpunished.  Oftentimes, such boards end up in court trying to defend themselves against claims alleging a failure to protect.  In other words, crime victims in the community allege the security measures were not enough to protect them, and blame the associations for not providing enough security or good security.

So what is an association to do?  To minimize an association’s exposure to liability pertaining to security measures, consider the following tips:

• Review the governing documents to determine if the community has a duty to protect or provide security.  If the association does not have such duty, it may not be worth the risk to begin providing security.  Remember, once an association starts providing security, it has taken on the obligation to provide such security in a good and reasonable manner.  Failure to do so exposes the association to liability.
• Stay well informed of changes in the law.  For example, there are court decisions that held associations liable to owners who were crime victims in their communities because, for example, associations refused to add lighting to dark areas in communities or did not allow owners to install their own security measures.
• Establish and follow procedures for regular inspection of premises (e.g., lighting, locks, fences, cameras, etc.).  This will allow the board to immediately repair and provide maintenance to those portions of the community that help keep it a safe place to live.
• Consult with appropriate professionals prior to making modifications to lighting, fencing, cameras, etc. to ensure such modifications would not negatively impact the residents’ security.
• Consult with your insurance carrier and legal counsel prior to taking any action with security implications (e.g., hiring armed guards or installing cameras).
• If a community is installing cameras on the premises, it is imperative that signs also be placed with the cameras indicating the cameras are for surveillance purposes only and not for security.  This will ensure residents and guests do not rely on such cameras for their protection.
• Promptly investigate and respond in writing to every resident’s request for protective measures, inquiry, or complaint about security.  Keep track of criminal activity in your community and neighboring communities and report to residents if you see significant increases.
• Offer awareness and educational workshops for association residents (e.g., police department, private security companies, insurance agents, etc.).
• Avoid use of the words “security,” “safety,” and “protection”.
• Avoid making representations or giving assurances to residents and guests concerning security or safety in the community.
• Notify residents in writing if the community reduces security for any reason prior to reducing the security.
• Consult with your insurance representative to ensure you have adequate insurance (general liability and Directors & Officers) to cover claims and legal actions alleging a failure to protect.

Elina Gilbert is a shareholder at HindmanSanchez P.C. and specializes in representation of Homeowners Associations and Community Association law.  Please visit www.hindmansanchez.com for more information.

Sheriff's Office Behind the Badge Newsletter Topic: Is Your Home Secure? 

Put it to the Test!

Is your home ready to resist crime? Our crime prevention deputies are offering a short quiz on home security that can be taken in just a few minutes. A ‘no’ answer signifies the areas where you can improve upon your home’s security. Take the complete 75-question home security survey http://jeffco.us/sheriff/crime-prevention-safety/residential-security/

Home Exterior

The way a house’s exterior looks, and even how it sounds, can discourage a would-be thief from approaching. Crime prevention experts recommend a well-lit exterior with a bit of stone or gravel at points around the home. Landscaping plants should not be so thick that they can conceal a person approaching. Tree limbs should not provide access to upper floors.

•Are your house numbers at least 4 inches tall (preferably 6 inches) and clearly visible from the street both day and night?

•Are trees located so they cannot be used to climb to an upper level of the home?

•Is there decorative stone or rock that makes noise when someone walks on it near the home?

•Do household members routinely secure items of value such as bicycles, lawn mowers, ladders, etc. when not in use?

•If there are detached buildings on the property (garage, shed, barn, etc.), are the doors and windows kept locked?

•Are vehicles locked and garage door opener remotes removed from them?

Doors & Windows

Structurally sound and locked doors and windows are critical components of a secure building. Doors and windows can provide false comfort if they’re cheaply made, easily compromised or often kept unlocked.

•Are exterior door strike plates secured to the frame of the house with screws at least three inches in length?

•Have locking “Charlie” bars been installed in the center of sliding glass doors in lieu of wooden dowels in the bottom track?

•Are exterior doors kept locked, even when someone is home?

•Are door locks in good repair?

•Do occupants of the home avoid hiding keys outside the residence (other than in a lockbox secured to the structure)?

•Do basement windows have security bars, grills, or other locking covers? 

Garage

The garage is all too often an easy entry point for thieves. Many people do not secure their garage doors as well as other exterior doors. 

•Is the overhead garage door kept closed when not in use?

•Is the pedestrian door between the garage and the home kept locked?

•Are windows into the garage covered or frosted to prevent visual inspection of valuables from the exterior?

Miscellaneous

Recording an inventory of valuables and securing important documents today can prevent future headaches if your home is burglarized.

•Have valuable papers (birth certificates, titles, deeds, social security cards, checks, tax records, passports, etc.) been secured in a fire resistant safe or in a safe deposit box?

•Do you have an accurate inventory of your valuables that includes make, model, and serial numbers?

•Does the home have a safe for storage of firearms and other valuables?

Simple steps are often the best crime deterrents, and the Jefferson County Sheriff's Office is dedicated to educating residents about how to prevent themselves from becoming crime victims. We strongly encourage residents to be proactive about crime prevention. 

Sheriff's Office Behind the Badge Newsletter Topic: The Power of Crime Prevention

Did you know about two thirds of car “break-ins” in Jefferson County happen to cars left unlocked? Meaning there’s no “break-in” at all. As of the first of October, 634 car trespasses were reported in JeffCo. Of those, 66 percent were unforced. Clearly, criminals take the path of least resistance.

Unfortunately, minor crimes like car trespasses often involve the theft of identifying materials like credit cards, licenses, or registrations – allowing thieves to commit much bigger identity theft crimes soon after. 

Since criminals usually look for the lowest-hanging fruit, prevention methods are effective in keeping crime rates low. Yes, there will always be unpredictable and unpreventable crimes. But we know many of the crimes in our county can be prevented. 

The Sheriff’s Office has a dedicated team of certified crime prevention deputies whose sole purpose is to work with citizens to prevent crime. Through on-site visits, phone calls, special events, child safety activities, and other opportunities, these deputies share vital information with the public on how to keep crime at bay. 

Source and additional resources http://jeffco.us/sheriff/crime-prevention-safety/

Jefferson County

Crime Prevention deputies are available to attend community meetings and events to educate on various timely topics and address safety concerns. To learn more about crime prevention contact our crime prevention deputies at 303-271-5807 or email: crimeprevention@jeffco.us.

Douglas County

The DCSO Community Resources Unit offers free surveys of your home or business to help keep you, your family, and/or your employees, customers, or co-workers safe. A DCSO staff member will come to your home or business and walk through the facility and evaluate security. They’ll give you a written assessment of the strengths and weaknesses of the physical security of the facility, along with recommendations to improve it. For a security survey please call 303-660-7544.

Arapahoe County

Two deputies are assigned as Crime Prevention Specialists providing educational programs and safety information to local businesses and homeowner associations. Crime Prevention is a top priority for the Sheriff's Office, requiring the cooperation of law enforcement and the community, working together toward a common goal. Contact Deputy Brian McKnight 720-874-3750 or bmcknight@arapahoegov.com.

Sources:

http://jeffco.us/sheriff/behind-the-badge-newsletter/2016/is-your-home-secure--(october-2016)/

http://jeffco.us/sheriff/behind-the-badge-newsletter/2016/the-power-of-crime-prevention-(november-2016)/

By Chris Vetter, Transcend Security Solutions

A Community Association Board has many responsibilities including, but not limited to, setting goals and approving budgets, developing and enforcing CC&R’s, and hiring quality vendors such as landscapers, security providers, janitorial companies, pool companies, etc. While the Community Manager’s responsibilities include many areas of service, providing the board with guidance in making important decisions is certainly one of the most important. 

Crime within or against a community not only has an emotional impact on the community; it has a financial impact as well. In-the-end, Community Association Boards have a responsibility to protect the investments of their community members, because a home is typically a person’s largest financial investment. Consequently, protecting property values should be a core concern of any Community Association Board.

In that vein, one of the toughest decisions for any Community Association Board is the selection of a contract security provider. Community Association Boards that make this decision based solely on price often find themselves dissatisfied with the services provided and end up moving from security company to security company, which can create a lack of confidence between the Community Association Board, the residents, and ultimately the Community Manager. This is where the expertise of a Community Manager is of vital importance.

The general goal of this article is to provide Community Managers with some guidance, useful tips, and practical tools for themselves and the community they represent before, during, and after a security program is put into place.

Prevention is the most effective action against crime. And the only way to accomplish “prevention” is to put into place an effective security program, targeted specifically for the community it is being put into practice for. Factors to consider before establishing a security program or selecting a new contract security provider:

• What potentials for danger and crime exist in your area? Utilizing free online crime statistics reporting outlets such as Community Crime Map (www.communitycrimemap.com) assists greatly in the overall development of a sound security program.
• What security related requirements are in a community’s governing documents?
• What exactly and/or who specifically does the community want to protect?
• Who will be responsible for researching, implementing, and evaluating the security program?
• Are there insurance considerations and/or security related liability issues?
• How will a community measure the effectiveness of their security program?

If the determination has been made to implement a security program, it’s now time to select a capable security provider. In order to ensure that all efforts are made in selecting a capable security provider, and to make certain that their Community Association Board is obtaining all of the information and experience they require and deserve, here are some relevant questions for Community Managers to ask those security providers who enter the bidding process to provide community security services:

Hiring:

• What does the application process entail? (Phone Interview, face-to-face interview, virtual interview, etc.)
• Are assessments conducted? (How are officer candidate competencies verified)

Training:

• Do they conduct and meet your state, and/or local municipalities training requirements?
• Is additional training provided?
• Is community-specific training available and/or provided?
• How is the training conducted (live, on-site, virtual, etc.)?
• Is the training verifiable?

Reporting & Verification Process:

• Is reporting done with pen and paper or electronically?
• How long are reports stored?
• Can the Community Manager access reporting data?

Equipment & Technology:

• Are there added costs for equipment? (cell phones, tour systems, bikes, etc.)
• Who owns the equipment and technology at the end of the contract?
• Is the technology provided proprietary?
• Will the Community Association Board and/or Community Manager have access to incident, maintenance, and analytic reports?

Insurance:

• Is a waiver of subrogation provided?
• Is a primary and noncontributory endorsement provided?
• Is the policy a “per policy” or “per project” policy?
• Do they have a key loss endorsement?

After a security program has been implemented, it now becomes essential to determine if the security program is actually working. The security provider, together with the Community Association Board, should be able to answer the following on an ongoing basis:

• Has overall crime increased or decreased?
• Has crime affected property values? (this information is typically gathered by the Community Manager)
• What is the security providers response to crime?

The bottom-line is simple, contracting with a competent security provider is not only beneficial to the community, it is essential to provide a safe environment for the community residents. 

Chris Vetter is chief executive officer and co-founder of Transcend Security Solutions. Chris brings more than 20 years of leadership, expertise, and executive management experience to the company. Through Chris' leadership, the company has experienced rapid growth since inception, allowing Transcend Security Solutions to be recognized as one of the premiere contract security providers in Arizona.

By Richard Halberg, CEO, Kidstuff Playsystems, Inc.

A large part of my job as CEO of Kidstuff Playsystems, Inc. is answering questions about playgrounds, playground safety and playground safety surfacing.

Playground Safety at Your Community Association

First, there are a couple of documents that pertain. ASTM is a quasi-governmental agency that writes standards for a wide range of manufactured products in the US. ASTM F-1487 is the playground standard that we adhere to in order to provide International Plan Equipment Manufacturers Association (IPEMA) certified equipment.

It covers such possible safety hazards as sharp points and edges, protrusions, inadequate use zones around the equipment, heights of barrier walls, sizes of openings where a climber meets a deck, heights of slide side rails, and on and on. So look for an IPEMA-certified playground manufacturer when you are ready to make a playground purchase. A document available for purchase that is more consumer-oriented is the US Consumer Product Safety Commission publication #325 Public Playground Safety Handbook. It is a great resource for the lay person who wants to gain some general knowledge about safe playground design and practices.

The number one cause of accidents on playgrounds is a fall to a hard surface under and around the playground. Adequate safety surfacing is a must to protect your association from a lawsuit. If you use wood chips, the most affordable of the approved options, you must maintain a depth of 9-10” to remain safe. This will require periodic raking and replenishing, and eventual replacement of the wood chips. Other surfaces such as poured in place rubber and artificial turf require less maintenance but are up to 5 times more expensive.

The average life of a playground is about 15 years. After that time parts begin to deteriorate, maintenance becomes more extensive and expensive, and aesthetically the assets appear “old”. While not the typical case, a few well maintained playgrounds can last as long as 20 years. Maintenance is important, because as an example surface rust must be treated or it will eventually lead to structural failure.

Playground Safety for Children of All Ages

Another consideration is the ages of the children that will be using the playground. There are a different set of ASTM standards for ages 2-5 and ages 5-12. It is possible to provide a playground set for ages 2-12 but it has to be designed to the 2-5 standard. This results in a playground that is quite boring for the older age group. Ideally, your association should provide a separate playground for ages 2-5 and one for ages 5-12. Each playground should be clearly marked with a sign or a sticker on the equipment as to the appropriate age group of the users.

Playground safety is paramount. Regular routine maintenance is time well spent. See a playground professional to help you plan a playground that is appropriate for your situation and your budget.

Richard Hagelberg, CPSI, co-founded Kidstuff Playsystems, Inc. with George McGuan in Gary, IN in 1982. Richard has a masters’ degree in early childhood education and operated child care centers, leading him into the playground field.

By CAI Editorial Staff, CAI Rocky Mountain Chapter

As members of the Community Association Management industry, most of us would probably assert that, all in all, we feel relatively safe at work doing our jobs. Unlike firefighters, police officers, and others who are intentionally put in the way of danger in their line of work, as members of our industry, the fires we put out and the bullets we dodge are (hopefully!) figurative instead of literal. 

However, it is still important to take your safety and security and that of your co-workers seriously, and to do what you can to minimize risks within the workplace. Below are some suggestions.

1. Don’t come in to work if you are sick.
   This sounds like a no-brainer, but in our industry it seems like workaholism can be a glorified trait at times. Some managers wear their number of hours slept divided by board meetings conducted (and multiplied by networking happy hours attended) like a badge of honor, and it’s easy to see why we can get run down.
   As a community manager or board member, you are put in contact with many different people (and their germs) throughout the course of your day. If you know you’re contagious, stay home! Oftentimes business can be conducted just as effectively via email and telephone.
   
2. If you see something, say something.
   This concept can (and should) be applied across the board in any workplace environment. Is something damaged or broken in the office that might cause injury? Say something to the office manager so that it can be repaired. Has a fellow coworker been acting out of the ordinary lately and it’s a cause for concern? Contact your supervisor, Human Resources department, or even law enforcement depending on the situation.
   Familiarizing yourself with your workplace and coworkers is the key, because if you don’t know what’s normal, it’ll be harder to recognize the abnormal when it arises.
   
3. Familiarize yourself with emergency exits.
   If an emergency arises, your initial instinct might be to panic. Try to take as much thinking out of the equation in the moment by familiarizing yourself with emergency exits before you need them, so that your movement is automatic. It’s a good idea to practice evacuation drills for this reason, as our brains will likely gravitate to our normal routes of getting into and out of the office.
   
4. Keep your workspace neat and organized, and encourage the same from your coworkers.
   Extra clutter in an office space can be a detriment on many levels. When put in potential walkways, files, boxes, electrical cords, and more all become tripping hazards. In the case of electrical cords, an excess of plugged in office appliances (think space heaters, box fans, coffee makers, mini fridges, etc.) can create a fire hazard. And if that desk is cluttered with papers? That’s kindling. Slips and falls are the top workplace injury, so de-clutter to minimize the risk!
   
5. Make it a team effort.
   If you don’t have an office safety policy (and you should), consider forming a committee to draft one and continually update it. Consider scheduling workplace safety training sessions; oftentimes local police departments will conduct an audit and session free of charge. Remember to stay engaged with your coworkers and encourage proper safety practices, and don’t be afraid to say something if you have a concern. Safety is a group effort!

By Patricia A. Book, Ph. D., Willow Springs Community Association

Should we install large, flashing “driver feedback” signs on our neighborhood streets? 

The Board called a special community meeting to discuss this issue featuring the City Traffic Technician who had conducted a traffic mitigation study for us. The study involved temporary driver feedback signs that collected traffic volume data and speeds in our community.  We have 460 units (single-family, patio homes, and condos).   We also have significant community amenities in our neighborhood, including walking paths, a pond, tennis courts, a playground, and a pool with a Club House so foot traffic is relatively high with residents of all ages walking with or without dogs, biking, scootering, or skateboarding. 

The City and I led the wide ranging discussion of stemming the flow of speeders in our neighborhood after reviewing prior data.  Based on that study, our Board's first attempt at traffic taming, was to recommend the City install driver feedback signs. The signs turn off at 11 p.m. and turn back on at 5:00 a.m. and do not require a neighborhood petition approving their installation.   However, the City Technician shared his unsuccessful efforts to get homeowner approval to install large driver feedback radar signs on their property. The signs would have to be placed in homeowner’s yards, which are small on street frontage. 

Over 30 people attended the meeting and emotions ran high. Perspectives ranged from “there isn’t a problem” and therefore “we should do nothing” to “we need to get City police stake-outs to write speeding tickets”.  Some felt the situation was critical and that we weren’t counting the “near misses” and that it was only a matter of time before tragedy strikes. One member present finally said in frustration that he had lost a child (not on our streets) and those who hadn't were lucky.

Our neighborhood was built in the 1990s and was built out long ago.  We are now experiencing turnover with many young families moving into the community.  The amenities are wonderful for the children, but parents are concerned about traffic and observations of speeding particularly near the pool and playground.

We are not a through-way so the speeders are our neighbors and our service providers.  Among all the options discussed, the Board's sense was that "speed tables" (not the hard bumps of yore) were the most favored option among those present and concern about speeding was validated at least among the majority of this group of homeowners.   But the straw poll was not necessarily representative of the whole community.

What did the data say and is it compelling?

Our streets are fairly wide and there is little on street parking.  There is little street friction, therefore, to cause the driver to feel the need to slow down.  The posted speed limit in our community is 25 mph.  During the period of this study, the majority of residents were within the posted speed limit.  On two streets, the average speed was 24 mph. At the 85th percentile, used by traffic engineers as a benchmark for "safe, reasonable, prudent" speed, we found the majority were doing 28 mph or less.  The other 15% were driving in excess of the norm at greater speeds.  Of these, 43.7% were traveling greater than 25 and 8.1% were travelling at speeds greater than 30 mph.  Roughly a third were travelling over the speed limit on two streets and on one, 43.7% were travelling in excess of the norm. 

This later street connects to an arterial road with a stop light that favors demand on the arterial road.  The “green time,” therefore, for egress out of our community is becoming increasingly problematic as growth continues and traffic volume on the arterial road grows with continued development.  This causes the increased speeds on this connector street as people try catch the green light.  

The bottom line is that the data analysis for our community met the three criteria qualifying us for City traffic mitigation based on volume and speed or distance and visibility.

What are our options?

What are all the options open to a community concerned about traffic safety in their neighborhood?  We discussed many options and here is what I learned: 

1. Installing unwarranted stop signs, such as adding 4-way stops, should not be used as a speed control device according to City and Federal Highway Administration uniform standards.  They are effective only in the immediate vicinity of the stop sign but encourage flagrant violation.  They can also give a false sense of security in a pedestrian and an attitude of contempt in a motorist with tragic results.
2. Driver feedback signs tend to be effective right where they are located only and typically reduce speed 1 mph.  There are no consequences for speeding, so, driver awareness is the main benefit.  Behavior change is another matter.
3. Speed tables also reduce speed on average of 1-2 mph but the mitigation is not localized and is spread out along the street.  In addition, one speed table can be identified as a raised crosswalk with different signage calling attention to the fact that it is a crosswalk so it would give better precaution at our pool and playground.  We don’t meet the volume requirements to install a flashing crosswalk sign.  The City traffic engineer decides which households would be included in a required petition for speed tables to be installed (could be frontage units only or whole neighborhood). Each house gets one vote.  The City likes to have two-thirds in favor of this mitigation.  The traffic engineer would decide whom to include in the petition and would administer the petition.
4. Based on the meeting, our City Traffic Engineer is now working on improving the traffic signal timing for egress into and out of our neighborhood on to the arterial road to give us more green light time in off-peak hours.  We suggested a turn light but the bar is high to secure that approval.
5. It may be a good idea to temporarily deploy the driver feedback radar signs in the Fall when school starts up and again in the Spring when kids are back out on their bikes.  The City is willing to do that for us.  It might be a good idea to install a permanent driver feedback radar sign on the street adjacent to the pool in addition to the speed table/crosswalk signage if we can reach the threshold of two-thirds in favor in the community.
6. The City of Fort Collins also has a host of collateral materials including yard signs and a package of information the City designed for a "Neighborhood Traffic Safety Program" that we can use in a community education campaign to increase awareness of speeding. 
7. The City of Fort Collins also created a “Traffic Tamers” program to improve the safety and livability of neighborhood streets.  It is a neighborhood speed watch program that allows residents to use a radar gun to monitor speeding levels on residential streets. A letter from the Neighborhood Traffic Safety Committee is sent to registered owners of the vehicle observed speeding, and asks that all drivers of the vehicle obey the posted speed limit in residential areas. No fines or violations are cited on the registered owners driving record. 
8. In summary, we plan to conduct a community survey to get a broader sense of our community’s sense of safety and support for traffic mitigation.

Conclusion

It is important to remember that traffic mitigation is designed to mitigate the upper speeds--the top 15th percentile—even though the majority of homeowners are driving safely.  Traffic taming is a pressing issuing for our communities as growth around us affects traffic volumes.   We have a perceived problem, with evidence to support the perception but we do not have consensus on either the problem or the potential solutions. 

Our future path is not yet clear. Our hot topic is still sizzling!

Patricia A. Book, Ph.D. is President of Willow Springs Community Association and serves on the CAI-RMC Board of Directors as a Community Association Volunteer Leader.   She is a medical anthropologist by training with an academic career leading university professional and continuing education programs.