Building Wide Fire Place Safety Issues

It seems that this would be a decision for the Board of Directors.

MollyC1,

What exactly is it about the fireplaces that make them not to code? What is the safety hazard? (are they brick and have cracks that indicate they may not be earthquake proof?).

When the units were built, did they pass code then? Is this due to a change in the building code? Will the repair require building permit and inspection upon completion?

Is it such a safety hazard that the fire dept or other authority might declare the units uninhabitable unless immediately fixed??
Do all the fireplaces have the same safety issue? if so, have you gotten any bids for the cost of repair. Two ways to look at the bids. request one bid for all units needing repairs and also ask for the single unit bid. People may opt to get the work done themselves through their own contractor or even do it themselves or shop it around (I think they have that right since the fireplace is there property)

How did the MC (hired company) do the inspections? Did they enter the Condos? Did they only inspect from outside?

I am sorry, I may have missed it, but are the condos attached like townhomes? Do they share common walls with adjacent units?

This makes a difference on what your possible options are. As you are aware and stated, there may be liability issues to the HOA.
Without knowing the physical layout, it is hard to give you advice on the subject.

Does the HOA retain the right to enter the condos for emergencies (like broken pipe or fire etc). This would be in the governing documents if so.

What is the sense of urgency to have these fixed? Are any unit owners using the fireplace as a primary source of heat for their homes?
Are the Fireplaces gas or just wood burning? Are they more for decoration than for actual use (don't know if you are in the mountains, on the coast or ???)

Do all the owners use their fireplaces? Or only a few get used? There may be an issue with forcing them to fix something they don't use (this is Calif after all and the courts are all over the place with their decisions on personal use things and how much you can force things on people in their own homes).

What would a "timely manner" be for where you are located?

Is this a builder Quality issue? How old is the property? Is the developer still there or within 10 years of being there? Is this with the actual fireplace insert or the chimney or both?

I think these questions need to be answered and how they are answered will most likely indicate the best path to follow in how you get these fireplaces fixed.

On an aside, I don't think the 15% of owners who don't need a fix will be happy about a dues increase to pay for the other 85% of owners fireplace repairs.
If the HOA ended up doing the work, I think this would be handled as a special assessment only to those needing the fix.

Hope this helps....

A community decision is warranted on the fireplace retrofits. However, in defense of the property manager, with 85% of the fireplaces having a "safety issue," it's clear the homeowners didn't create this hazard. It's some flaw in the design, or more possible, safety code as changed since the fireplaces were installed at construction. You could lay the job at the feet of the HOA in this case and get better results. If this is a true hazard as opposed to simply being out-of-compliance with modern code (which isn't necessarily a dangerous situation), it only takes 1 private owners' stubbornness to burn several units or an entire building - thus, those 15% are just as affected, if not more.

Depends on what was listed as a hazard. Something as simple as a screen? Or fireplace not cleaned?

So..... the fireplace and everything listed on the report is the owner responsible and not the condo responsibility? Chimney is owner responsibility? Etc?

If it's a fire hazard, and the owner responsibility, local city code enforcement might be able to step in for you and force the owners to fix it. There are usually special ordinances that address multi unit dwellings and fireplace/woodstove issues. If its condo responsibility the association needs to fix it. What do your CCR/Bylaws define as unit boundaries and condo property? Most say drywall out is owner responsibility, making everything in the walls condo responsibility.

The answer is far more complicated and needs to be broken up into areas of responsibility,

Wow! you guys are great! Allow me to provide as much info as I know. But first, let me explain my position here. I am joining the team of the Property Manager and am hoping to educate myself here. So I hope you all get that by no means am I just wingin' it all willy nilly and making huge presentations to the HOA Board about my recent findings, my Boss is handling this in a great way and it sounds like its just the way you all have suggested so far. Everything you all have said is exactly what I was hoping for and it will help me understand how this all works! So THANKS! Kay, that said.. here's what I do know:

-The Buildings are 35 years old.
-Wood burning fireplaces.
-Ski resort weather.
-The Previous Property Management companies have not ever completed 5 year inspections, nor looked this closely into the fireplaces. So, this is why they are just now discovering the issues.
-The Board recently asked us to get bids on the cost to fix the safety hazards.
-The bidder also happens to be the one whom does the work which did raise some flags. We are looking for additional opinions/bids.
-The items brought up included cracked bricks (minor and major), pipe issues (which is or is not "inside" the condo?), broken screens/glass, and some other items that are escaping me right now.
-The Board ultimately wants these issues fixed now that they are aware of it all.

My main question:
Given they all have a main objective to get the building safe as quickly as possible to prevent a catastrophic accident. Is it the norm to have the work done building wide and expect the owners to pay their part equally as its never been brought up before nor enforced, or does the Board inform the owners what issues their own fireplace present and make the suggestion that they don't use their fireplace until they get the recommended items fixed (which I can imagine is not full proof as you cant really enforce that they don't use it).

Solid advice.

Molly,

In addition to all other advice given here, be careful if the chimneys need cleaning. You do not want 45 owners or their contractors running all over your roofs. You need to take control of any exterior work, especially where there is the possibility of damage to the structure and/or roof as well as any hazards from falling or dropping things from the roof.