By Thomas E. Miller, Esq. and
Rachel M. Miller, Esq.
The Miller Law Firm
Between August and October of 1999, or a total of 45 days, some of the
most devastating natural disasters occurred all over the world,
including quakes in Turkey, Taiwan and Southern California and
hurricanes and floods in Florida.
The death toll for these 45 catastrophic days reached
20,000.
On
October 16, 1999, a 7.1 quake hit a small community in the
Southern California desert.
This was the second largest quake to hit us this decade.
On October 31, 1999, a previously undetected fault was
found by researchers at UCI's School of Social Ecology.
The new "San Joaquin Hills fault" stretches
from Huntington Beach to Dana Point and could generate a 6.8 to
7.3-magnitude earthquake. What
can we learn from all of these disasters, and specifically, how
can we prepare our associations for the big one?
Imminent
Destruction
If
a 7.0 quake directly hit Orange County at night, we could suffer
damage much worse than the Northridge quake!
According to sources such as "EQE Early
Post-Earthquake Damage Assessment Tool" and the Orange
County Register, Orange County alone could experience:
3,000 Deaths
130,000 Injuries
$100 Billion in Property Damage
400,000 People would be left homeless
Why
Our Associations Are On Such Shaky Ground
The
Newport-Inglewood fault, which runs along the densely populated
corridor from Culver City into coastal Orange County, could
suffer a quake like that of the October 16, 1999 Hector Mine
quake, the second largest trembler to this Southern California
this decade.
And,
new maps released by the state Department of Conservation show
that one third of Orange County lies atop soil susceptible to
quake-induced landslides or liquefaction.
In other words, loosely compacted, moist earth gives way
after jarring from an earthquake, contributing to secondary
property damage. During
the Northridge quake, liquefaction took a huge toll on houses in
the San Fernando Valley, requiring an additional $55,000 in
repairs per house.
Prepare For The Big One
Based
on the startling statistics above, we can see that there is a
reason why all of the experts tell our associations to plan.
A "Disaster Management Plan" for each community
association is the only way to solve the imminent destruction
from any disaster. There
are ways to define and prepare for a disaster, such as:
-
Planning
Committees: this committee should be comprised of one board
member, the manager, a local fire official, an insurance
representative and the associations' maintenance company.
They should discuss budgets to cover the costs of
uninsured property damage and other contingencies.
Another important topic is the insurance
coverage, which should be reviewed annually.
-
Communication
Planning: informing the membership before a disaster strikes
of the efforts to induct a disaster management plan is
essential. Creating guidelines for action during and after a disaster
and communicating these to the membership will save lives
and property. Even
consider a meeting to discuss your disaster management plan
with everyone involved.
-
Document
Planning: keeping
sets of important documents in two or more locations will be
vital. Consider the importance of having information on the disaster
committee, the emergency numbers, insurance claims
checklists and governmental agencies, such as Red Cross and
FEMA. Keeping
all of this information at the management company, on-site
at the community and in one other location will prevent
confusion.
Responding
Smartly
Response
and recovery from a 7.0 quake will not be a single effort.
Respond smartly with two or more teams.
Respond to immediate emergencies with a team to evacuate
and conduct first aid. A
second team can be available to inspect the property for life
safety concerns and contact vendors to assist in repairs.
The long-term recovery will be conducted with a separate
team to assess property damage, insurance claims and the overall
damage from the event. Assessing
the need for these teams and inducting the team members before a
disaster is ideal.
Insurance
Issues:
According
to the California Earthquake Authority (CEA), a quake insurance
pool created after the 1994 Northridge quake, houses built in
Southern California were generally built under stricter codes.
In addition to the CEA, two other private insurance
companies offer quake insurance.
The first step into preparing for a quake is to know the
associations exclusions. The
second step is to refer to industry sources for association
options.
When
In A Defect Lawsuit:
As
evidenced by the Northridge quake and even the Laguna Niguel
landslide, many associations were already involved in a
construction defect action against their builder.
Here are some tips to keep in mind:
-
Photograph/video
all damage inside the units/homes
-
Photograph/video
all damage in the common areas
-
Contact
the property management professional and defect counsel to
report life-safety concerns
-
Have
your defect counsel notify the defendants if any
court-ordered repairs are conducted
- DO
NOT attempt permanent repairs on non-life-safety problems,
as this would spoil evidence of the original defects.
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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