The Blizzard of 2016 left over 2 feet of snow blanketing many parts of Maryland, Washington D.C. and other areas from Virginia to New York. To help with clean-up efforts after the historic storm, the District of Columbia and states throughout the mid-Atlantic region are expected to seek federal disaster funds.
Although many community associations have private roads which are available for public use, no federal snow clearing funds will be available for association roads and other common property. Condominiums, housing co-ops, and homeowner associations are not eligible to receive federal funds to clean-up and repair common property after a natural disaster.
Under current law, the Federal Emergency Management Agency (FEMA) regards community associations as business entities, and therefore ineligible for most forms of federal disaster response and recovery assistance which is available to state and local governments. And, individual condo and co-op owners are not eligible for funds to repair commonly-owned building components.. That would change if Congress enacts legislation now pending in the United States House of Representatives.
The Disaster Assistance Equity Act of 2015 (HR 3863) would allow all community associations to receive funds for the removal of snow, trees and debris obstructing roads and for repair of critical community infrastructure that provide essential services of a governmental nature. It would also allow condo and co-op owners to receive funds to repair commonly-owned items such as roofs, exterior walls, and elevators.
With all seats in the House and one-third of Senate seats up for election in 2016, now is the perfect time for community association leaders and residents to let their congressional legislators know the importance of enacting legislation to allow the availability of federal disaster aid funds for clean-up and repairs in community associations.
Posted by: Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations, and housing co-operatives in Maryland and Washington, D.C.
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