Roof Replacement and leaking AC units

Our Condo is in S. California, the project contain 26 units, it was built in 1987, we have a flat roof, the BOD approved to replace the entire roof, we hired a Roof Contractor and we signed a tentative contract, the roofer noticed that the AC units on the roof are as old as the building, rusted and leaking rusted condensation water on the roof floor. The roof contractor wants us to sign a warranty waiver to the effect that that if the roof is damaged due to rust water ponding then the warranty is voided.
The AC units are over 30 years old, were never been serviced, the HOA hired a AC contractor to advise if the AC units can be repaired, his response was the units are non repairable and must be replaced. The only reference to the AC Component in the CC&R’s is that the unit must be serviced on a regular basis by the unit owner. We sent a letter to all homeowners that their AC is leaking rusted water and the unit cannot be repaired and must be replaced before installing the new roof. About 60% of the homeowners agreed to purchase and install new AC units, the rest don’t have money and two homeowners said that the HOA can NOT force them to replace the AC unit.
The HOA will not replace the roof with a conditional warranty, and the roof must be replaced according to the reserve study, and if not, the building insurance will be questionable in case of failed roof.
The question is, how can we go about replacing the roof without those few units refusing to install new AC unit? One board member suggested asking the home owner to get his home insurance to add the HOA as beneficiary in case the roof is damaged due to the insured AC unit, other suggestion is to ask the Gas Company to cap the gas line going to the AC unit. We appreciate all the help and knowledge of the responders.

Since there exist gas lines they would actually be HVAC units.

HEATING ventilation air conditioning

heating is a life safety REQUIRED item which may NOT be removed

how one would incapacitate the a/c w/o turning off the heat remains ??????

> The roof contractor wants us to sign a warranty waiver to the effect that that if the roof is damaged due to rust water ponding then the warranty is voided.

> Since you have documentation from an expert that the old units will damage the new roof,

The "expert" didn't say the water WILL damage the roof, he is saying that he is not sure and doesn't want to be responsible.

It is possible that auxiliary pans and drains would solve the leakage problem. The HOA could require that the units be replaced OR furnished with auxiliary pans.

ps.

both heating and cooling are types of air conditioning as they both condition the air

therefor, by 'trade convention':

AC = cooling only

HVAC = heating AND cooling, sometimes with ventilation

generally pronounced: H Vac

We were able to negotiate a bulk buy, which include the crane lift and building permit at a very reasonable price, but the homeowners are claiming they don't have the money and expect the HOA to pay the bill for a new unit .. LOL. One board member suggested to the HO's to get a line of credit or use the credit card.

Alex,

Have you consulted with an HVAC contractor? Roofers, and many other contractors, seem to live solely to find an excuse to do work without having to warranty it. I would seek out a second opinion from someone qualified to evaluate the condition of the existing AC units before blindly taking the word of a roofer.

Check your CCRs. Generally, special assessments must be applied equally or a percentage of the square footage. Can do special assessments for individual owners.

You can bill the owners separately and on a payment plan, but I would want a consensus from the other owners before proceeding.

If the money to pay for initially comes from the reserves, you much vote and put into the minutes of that meeting a repayment plan, payable within one year.

Cost of new roof?
Cost per HVAC unit?

Alex,

The useful life of an AC unit is about 25 years. If all the AC units are original to the 1987 construction, they are living on borrowed time.

Condensate is mostly water, what is that bad for a roof.

Ask the roofer exactly how "rusty" water can destroy the roof.

He's just yapping his gums.

Because they are being cautious. It's a lot cheaper liability-wise to claim concern than to outright bless something. But I can't find anything that shows dilute Fe*2O*3 is deleterious to either PVC or composite torch down roofing.

If that's the case, only $40k line of credit needed. Even better.

We have PVC drain pipes on the roof for each and every unit

Which is good unless they aren't pitched correctly and freeze. It's normally a case of KISS, and the less poorly fastened piping on a roof for people to trip on, the better.

The most common problems with A/C units are:

1) Filers - Dirty filters reduce air flow.
2) Clogged drain lines. If you don't take the time to make sure the drain line is clear from time to time, it will clog.
3) Dirt accumulation (other than filters). Dirt on the cooling fins reduces the efficiency (won't provide as much cooling as it could) of the unit. Dirt on fan blades will reduce air flow and cause increase current draw to make the fan operate, potentially requiring the fan unit to be replaced. Dirt accumulation on Heat pumps heating coils (if drastic enough) could cause a fire when the electric heat kicks in.

Richard,

As per the OP


?Would you not want the Covenant(s) enforced?

Lack of circular objects of previous BODs now has created a situation where the roof may be difficult to replace while getting a warranty.

The units require replacement.

Some owners claim 'lack of funds' (unless the unit actually quit).

Some owners claim lack of HOA authority.

Once again, the well meaning volunteers have the situation AFU.

If the BOD simply had done its' job all along .............................

So, provide Alex a solution based on California statues.

OR

Attempt to amend the Covenant to include the HVAC units as a common expense.

Raise assessments to cover said costs.

Will be cheaper per unit in the long run as you would have ONE vendor / supplier.

The bottom line is:

The units MUST be fixed/replaced after 30 years.

This WILL cost money.

LESS money if put out for bids and done all at once.

OR

Wait for the roof to leak and the owners to begin screaming for action.

THEN, since it is now actually an emergency,

replace the units and fix the roof using a special assessment

I was looking for a thread about AC/HVAC and stumbled upon this post. If you don't mind my asking, how did it turn out? What was the homeowners' decision? I'm hopeful that the developments, if there are any, were positive and for the betterment of everybody.