Property Damage and Repair Policy

General:

This policy provides specific guidelines concerning the reimbursement of repair costs of property damage associated with the maintenance and repair of the Wintergreen Woods Water Utility infrastructure.

Applies to:

This policy applies to all property owners of Wintergreen Woods and Wintergreen subdivisions, and the Resorts of the Canadian Rockies.

Definitions:

System repairs (SR): 

System repairs refer to those repairs necessary to return the Water Utility systems back to an operational state including backfilling holes and rough re-grading the ground over the repair site.

Aesthetic repairs (AR):

Aesthetic repairs refer to those repairs completed after the system repairs with the purpose of returning the property to its original state prior to the initiation of the repair. This would include such things as fence repair, re-surfacing and detailed landscaping.

Liabilities:

1. Wintergreen Woods Water Utility (WWWU)

Wintergreen Woods Water Utility will cover all reparation costs under the following conditions:

1. SR and AR when the repair is located outside the legal property line of any specific lot. This includes roadside easements. In these locations, WWWU retains the right to decide how the final land will look but will always strive to return it as close as possible to its original state.
2. SR when the repair is located inside the property line up to and including the main water valve. That is, repair will be covered by the Utility if damage is determined to be between the main line along the easement and the properties main valve – typically located at the curb stop but on some properties may be a few feet inside the property line. This will only be covered when the damage was caused by such events as normal extended use, natural shifts in the land or if it occurred while repairing a main water line adjacent to the property in question. In this case WWWU will replace landscaping but the Property Owner will be responsible for any trees, fences or other structures located on such easement.
3. WWWU will review on a case-by-case basis any AR claim for reimbursement of repairs to lawns, gardens and other such landscaping within the property owners boundaries.

Note:  All repairs under the above conditions (1.) will be ordered, administered and accomplished by the WWWU or its designates.

2. The Property Owner

The Property Owner will be responsible for all costs under the following conditions:

1. If the damage to the system (water line and associated hardware) is between the dwelling and the main water valve, regardless of the cause.
2. If the damage to the water distribution system was caused by intentional disregard or malicious intent of applicable rules, regulations and bylaws, the property owner will bear all costs of the repair regardless of location and extent of damage.

Note:  All repairs under the above conditions (2.) will be ordered, administered and accomplished by the property owner.