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KareanE (Pennsylvania)
Posts: 3
Posted:
Hi,

I'm new to this forum and have a question I'd like to get advice on.

I have a condo with another (one) condo above me. It was built in 2000 and I am the only owner (although the one above changed hands a few times). There is a single layer of drywall between the units which is supposed to be fire-rated at 1 hour burn. At the time I bought it, I was told the firewall between the units was up to code. A long time ago, I was told that I couldn't put any new light fixtures in the ceiling as it could compromise the firewall.

I've recently had damages from the unit above leaking all over the place which has caused us to cut open a good chunk of the ceiling. I've asked the HOA what kind of involvement they need to have with the repairs to ensure that the building integrity is up to their standards. Their response now is that there is no firewall and they want nothing to do with it.

I'm not sure if their statement is because the codes may have changed and the firewall no longer meets code, or if there is something else. The township inspector recently mentioned that our units no longer comply with code, but they did in the past.

I'm assuming that my problem involves all others in the community with the same units, which may be why it's on they're not eager to get involved.

My questions for the short-term are: 1) what are the HOA's responsibilities with ensuring that any of the repairs are up to code; if there is only a single layer of drywall between the units, is it considered structural and do they need to procure the contracts for work or do they need to inspect the work in any way. 2) what are my responsibilities to make sure that any work I do is up to standard (and which standard..as built or new code)?

My question for the long-term: When I go to sell this unit, can it be sold with the questionable firewall? If not, who's responsibility is it for ensuring the firewall is up to code at the time of sale?

I live in PA if that helps.

Any responses appreciated.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Karean,

It could be that the Association is interpreting the term "firewall" differently than you.

You're not clear who supervised the repair of the damage (you, your upstairs neighbor, the Association, or an insurance company for one of you).
The contractor who actually did the repair "should" have been aware of any code changes and repaired to code, either existing code or code when the unit was built (which one determined by your State laws/County code). If you are concerned that the material used to repair the damage wasn't up to code, it would be on you to have it tested and/or inspected.

KareanE (Pennsylvania)
Posts: 3
Posted:
Thanks for your response.

Repairs are not done yet. I would like to make sure I get everyone lined up correctly to start. I haven't signed any agreements with contractors yet to do the repair, since I wasn't sure of the responsibilities. So, I still have time to do it right..

I would like to have Association at least involved in the inspection, but they do not want to be. Upstairs neighbor wants nothing to do with anything. My insurance company doesn't want to be involved either as they only cover up to the HOA deductible (which was hit with the water remediation). Have I covered myself diligence wise if I copy everyone on results (whether they want to see it or not)?

Assuming I get through this repair issue with i's dotted and t's crossed, do I need to be concerned with in the future when selling the unit if the firewall is only up to the old standards of code?

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