What should the Association do after the storm about the damage? This initial common question is important and invariably leads me to tell Association Boards to check the Association Declarations and By-Laws. Most have guidance about steps that must be followed.

One common requirement is the retention of an architect or engineer. This is a commonsense requirement. Who is the professional who will oversee the contractor’s quality of workmanship? Who will help determine the extent of damage and the specifications of repair?

One additional point is that these “soft costs” for the professional fees of construction should be added to the insurance claim as necessary and reasonable. Indeed, even the professional costs of legal assistance by the Association’s General Counsel should be added to the insurance claim. These costs are necessary because they are required in the by-laws and are common costs of a construction project.