Rebuilding after a fire

Hello all! I'm sorry if this topic has been covered before. I did a lot of (very interesting) reading before posting. I'm also sorry for such a long post. It's been a very...hmmm...well you'll see...but I am sorry for not being able to condense it more, I thought you needed all the details.

I am not a member of the BOD, but I was on a committee (on a volunteer basis) to assist with the rebuilding of the property after a fire. My role, with other volunteers, was researching and recommending paint/tile/carpet/knob/cabinet options, including pricing, etc to the BOD for consideration.

We are in North Carolina. The condo has 80 units - 60 were damaged by the fire in varying degrees. I should note, my unit was not damaged. We have enough insurance money to repair/restore all of the units and give the exterior a nice facelift. Before the fire the units were 1 room studios. With the only separate area being a small bathroom in the back right corner. The kitchen was in the back left corner and the remaining area being an long open rectangle that was used as bed/living area - there were no walls except those around the bathroom.

According to the By-laws, "Any reconstruction or repair should be in accordance with the plans and specifications of the original building, unless otherwise agreed upon and approved by the Board of Directors"

The BOD did agree upon a new specification - a very drastic departure from the original layout of the building. The BOD did not announce that they were considering a new layout. This new layout was provided to homeowners after the BOD had signed all the construction contracts. The new layout divides the space into two separate rooms with a door in between. The layout was distributed with out any dimensions associated with the two separate rooms. After a lot of email flurry(and fury) for 4 weeks the BOD finally relented and released the dimensions. Now that each of the units have been divided into two rooms - one room - which on the layout provided has a mock up of a queen bed in it - is only 6'7" wide by 9' long the remainder of that side of the space is a 4' wide bathroom. The other room in the unit has the kitchen and the living area. We have had numerous complaints from our homeowners that the new "bed area" is not large enough for a Queen size bed and there is only one way that any bed will fit in the space, thus further limiting choices of the homeowner - where their previous layout had ample room for a Queen bed - positioned in many different ways. If you do the math - the homeowners are right - especially when you consider that there is a + or - 6" in the design. This is after the BOD sent multiple messages (before sending the dimensions) that the intent was to accommodate a Queen size bed when questioned about the size. If you do the math -- it just doesn't work -- the whole space is only 79" a Queen size bed is 60" and the wall thickness accounts for about 4", and you can't make the bed if it's pushed completely up against the wall - so that only leaves you with less than 15" between you and the wall on your only exit from the bed. If you're on the -6 inches side of the variance in the width of the rooms then you're at only 9" between your bed and the wall. One of the homeowners called the contractor directly and he confirmed that the room was designed for a double bed. Unfortunately it doesn't get much better for a double bed -- only 21".

Here's where the plot takes a twist, two of the Board members had personally paid for their condos to be renovated to this exact layout 6 years ago prior to the fire at their own expense. There is a lot of speculation that they did not even entertain any other options - this was their preferred layout - since they had this layout in their personal units and that's what they wanted to stick with. I wasn't in all the BOD meetings, but I was in some - and I'd rather not say exactly my thoughts on that issue, just in case someone comes across this post.

The latest row came when a Board member told a homeowner (in an email that was copied to all other homeowners) - that they could just move if they didn't like it because it was too late now.

As you might imagine several homeowners are threatening legal action - I know that threats happen often, but this time I think a few will go through with it.

So now that I've rambled on a bit too long to give you the back-story, here's what I'd love your feedback on.

Considering the BOD has authority to do this in the By-laws do you think the homeowners have a case? I understand both sides of the issue. I feel bad for the homeowners that aren't going to be able to choose the bed size they want when they had that freedom in the past. But on the other hand the BOD followed the By-laws. But is what they did reasonable?

I also worry for the BOD, that if one of these homeowners requests all of the BOD meeting minutes they might find that the BOD did not consider many alternatives to this one design. Do you think that hurts the BOD's defense?

Last, does the fact that the BOD said the intent was to accommodate a Queen size bed and then it not be feasible with the measurements make it binding in any way?

Again, not a Board member (but thinking about it, they're looking for nominations for the August meeting) just curious what you guys thought of this issue.

Many thanks!

OR the homeowners could recall the Board. Once the contracts are signed it is difficult i.e. expensive to make changes. This type of renovation would IMHO require permits, lots of permits, so the dissatisfied homeowners could start filing objections with the Zoning Board. And with tolerances so tight with the addition of a new wall, movement of the bathroom etc. a trip to the local Fire Marshal to make sure it meets requirements for emergency egress might also be in order.

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betcha it won't - any bedroom requires TWO FIRE EXITS including one which is DIRECT access to exterior either via a door or a window

your BOD sound like they would qualify for an antique medical condition

Thanks everyone for weighing in.

Here's a picture of the new layout - I like the extra privacy built in - but I sure wouldn't like my only exit from the bed to be pressed up against a wall like that -- I'm a fluffy girl and I pushed my bed at home 15" from the wall and I could only exit sideways face up against the wall. You might not be able to tell, but that's a pocket door in the wall between the two rooms - maybe that makes a difference. Also attached is a picture of my current unit which should give you an at least an idea of how they were originally. (ooops my file size is too big so I'll do this under two posts - first is the layout)

That's an interesting thought about the Fire Marshall as this new room has no windows in the area depicted with the bed in the new layout. Although to be sure the contractor would know about applicable codes...or am I giving them too much credit? Would the fact that the building is originally pre-1970 have any barring on the code?

I know you guys aren't lawyers but from all I've read under the other topic postings you sure have great thought processes!

And now my current unit...

DOH! I still did that wrong. I'm having trouble loading this. I guess maybe jpegs aren't allowed? If anyone has suggestions for me, or is even interested - let me know. =)

As someone who knows a bit about construction.... Why can this not be an option? The walls are NOT structural elements in your case. Plus it is INSIDE the unit where I believe the owners have domain. In my opinion it would also be on their own dime to put in the walls not the HOA. Let the owners choose the optiin to be allowed the walls and have them ask for permission in writing as a record. Those against walls do not gwt them but maybe the money difference can be applied an upgrade of tile in the kitchen or bath. Same money different feature. It is ALL the owners money going into this project.

I find this subject interesting. The BOD is not going to be liked no matter what they do. It is a lose/lose situation for them.

My suggestion on the unit rebuilding is to rebuild units to original designs/specs/materials. Make any additional changes (flooring, walls, etc.) an optional upgrade that the owner pays for. Do not force people to take a change. The changes, no matter how simple, will cost more. Even a simple wall and pocket door cost more then no wall/pocket door.

Additional not covered subject. Does not individual unit insurance play a role like say I had upgraded my entire unit above and beyond the basic unit? Maybe another subject but an interesting one that has to play a role. Same as I insured the valuable paintings in my unit that were lost in the fire.

You added "the other building". If they are members of the same association then external and common area upgrades to one building should be done to the other building. Otherwise it is like hand me downs to other members of the family.

Maybe money saved on making the fire building units identical to original units could got to upgrading the other building so they are identical as they maybe were and maybe meant to be. There might could be a case made that the entire association shares in the insurance money.

The more I post, the more I think this whole issue is more complex then will the OP's bed/butt fit somewhere.

re: attached plan

no way no how would this be code compliant even under under the international building code

you may NOT have a 'buried' bedroom - period

the ORIGINAL design was bad enough, but at least the bed room had a window and a door available DIRECTLY

the new plan has neither + requires the evacuation THROUGH THE POTENTIAL FIRE AREA to the exits ON THE SAME WALL

this is a death trap in the event of fire

if y'all proceed AFTER being warned ............. ?

nps,

yeah, you're right, a very noisy trap

Yep. I have no idea why they set it that way.

Good design or not, I would contact the city fire marshal immediately and voice the concern over the safety issues. Its likely they have no idea.

Ditto

This may end up being a duplicate. I thought I posted, but it didn't show up, so I'm going to try again. Us newbies ruin everything =)

Interestingly enough, I took many of your advice and called the Fire Marshall in the town where the condo resides and asked him for a meeting. When I gave him a brief description of the issue, he said he did not believe it was an issue that he could tackle - but transferred me to the Building Inspectors office. When I told her about the issue, she was very interested. She revealed to me that they had not yet obtained authorization to increase the size of the units by removing the chase - but they have already included in their design 24" length wise that they hope to gain from removing the chase. She said they just sought that approval yesterday. Also she told me they were subject to the commercial code not the residential code. The residential code says a bedroom has to be 70sq feet - she wasn't positive what the commercial code says but was going to get back to me....

you are welcome