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BillH10 (Texas)
Posts: 1,217
Posted:
One of our clients is revising the Rules of the Association.

A Board Member wishes to include a requirement that owners be responsible for cleaning cooktop vents, dryer vents, and chimneys on a scheduled basis, he also wishes to include language regarding maintenance of smoke alarms and battery replacement.

We understand the underlying reasoning, we have noticed some insurance carriers asking questions related to the above at policy renewal time. One of the agents we use told us to expect requirements to furnish proof such maintenance has taken place sometime in the future.

In our experience, the most effective way to address such requirements is for the Association to contract with vendors to provide such services, or require owners to provide copies of paid receipts.

I would appreciate your comments and input:

Do your Condo/Townhome Associations have such requirements?

Who performs the work? The owners, or the Association.

Thanks
LetA (Nevada)
Posts: 2,679
Posted:
Chimney sweeps still exist, and vent cleaners are starting to form businesses. I have seen the vent cleaners put ads in the Valpack mailer " the blue envelope"

Not a bad Idea being dryer vent blockage can cause a fire.
LetA (Nevada)
Posts: 2,679
Posted:
As to who performs this task, it is up to the boar to define that. If you are in the beginning stages of amending your covenants, providing all the owners are on board for this. I would definitely lean towards doing this task en masse. You are likely to get a bulk discount and you won't to worry about unlicensed, unqualified contractors performing the work putting the complex at risk for a fire.
KerryL1 (California)
Posts: 14,550
Posted:
Our condo building has two required inspections Dryer ducts and personal heat pumps (our personal in-unit closed loop water source HVAC units). In both cases the reason is to prevent leaks & water damage to the units below.

The dryer ducts run about 30 ft. in our ceilings to a termination vent on our balcony ceilings. This is typical. When residents don't run their booster fans, or fail to clean their dryer vent screen after every use, or their ceiling lint trap in their laundry closet, lint can accumulate in the duct. It gets wet and eventually cannot handle the moisture form the fry so water leaks through the ceiling into the laundry closet or even living room ceiling onto the floor and we HAVE add it leak into the unit below, especially when this occurs in the laundry closet. The danger from fire is exceptionally rare.

Once a year these are cleaned on a schedule and owners are billed. Yes, doing ll assure us that they get done and we do get a break on the price.

We've never thought to clean the dust form our range hoods to the exterior.

Are your fireplaces wood-burning? Our are not and they abut an extra wall so the chimney -- really, just a vent, only a foot or so long.
KerryL1 (California)
Posts: 14,550
Posted:
Our condo building has two required inspections Dryer ducts and personal heat pumps (our personal in-unit closed loop water source HVAC units). In both cases the reason is to prevent leaks & water damage to the units below.

The dryer ducts run about 30 ft. in our ceilings to a termination vent on our balcony ceilings. This is typical. When residents don't run their booster fans, or fail to clean their dryer vent screen after every use, or their ceiling lint trap in their laundry closet, lint can accumulate in the duct. It gets wet and eventually cannot handle the moisture form the fry so water leaks through the ceiling into the laundry closet or even living room ceiling onto the floor and we HAVE add it leak into the unit below, especially when this occurs in the laundry closet. The danger from fire is exceptionally rare.

Once a year these are cleaned on a schedule and owners are billed. Yes, doing ll assure us that they get done and we do get a break on the price.

We've never thought to clean the dust form our range hoods to the exterior.

Are your fireplaces wood-burning? Our are not and they abut an extra wall so the chimney -- really, just a vent, only a foot or so long.
CathyA3 (Ohio)
Posts: 6,299
Posted:
One thing a board needs to be aware of is liability if the association pays for vendors to perform tasks that individual owners are responsible for. I understand why a condo community would want these items maintained properly, and apartment communities do perform maintenance tasks. But I believe it would be overreach if a community association tried to do the same.

CC&Rs should spell out who owns what, and who is responsible for what. Ignoring them may be expedient, but it invites trouble (eg.: there is a fire inside a unit, people are injured, and the homeowner sues the association for damages because they believe that the smoke detector did not work properly).
CathyA3 (Ohio)
Posts: 6,299
Posted:
Forgot to mention, a board can't simply adopt a rule that changes who is responsible for what. This is almost certainly defined in the CC&Rs, where it describes the Unit, Common Elements, homeowner responsibilities and association responsibilities. Changing this requires that the CC&Rs be amended, and the change must be approved by a majority of the membership (often requires a super-majority of 67% or 75%). This is a legal process, needs to have a lawyer involved, and generally takes a good year or so even when things move smoothly.

I'm not a lawyer, but I suspect that changing the nature of what people own is much more difficult than, say, amending a parking restriction. In fact, I suspect it may not be lawful. The board that the OP mentioned really needs to get an informed opinion on this.

Here be dragons...
BillH10 (Texas)
Posts: 1,217
Posted:
Thank you all for your thoughts.

We have research to do: the Bylaws and Declaration of this Association date to the early 80s and were boilerplate copies when filed; the originals may have dated to the 60s.

We have several clients with documents this old, to say they are lacking is being kind. In the end I suspect this will come down to the definition of unit boundaries and Common/Limited Common Elements.

Again, thank you.
TimM11
Posts: 354
Posted:
My condo HOA always did annual dryer vent cleaning for the reasons mentioned above. They never did range vent cleaning while I lived there, and we didn't have wood-burning fireplaces.
JamesV3 (New Hampshire)
Posts: 50
Posted:
Quote:
Posted By TimM11 on 05/26/2020 8:25 AM
My condo HOA always did annual dryer vent cleaning for the reasons mentioned above. They never did range vent cleaning while I lived there, and we didn't have wood-burning fireplaces.

Same with our HOA.
The common Laundry vents are done yearly in May.
There is 1 building that has Washer and dryer hook ups in the individual units (Rebuild after a fire many years ago). Those are the owners responsibility and are REQUIRED to be done YEARLY by the end of MAY.
No wood burning here (All Electric).
KerryL1 (California)
Posts: 14,550
Posted:
Thanks for writing what you did, Cathy. It reminded to review my own post and I see my huge error. We do not "require" owners to have the two annual inspections. We did at one time, but realized our CC&Rs don't permit it.

We, for the past few years, then, put out a notice that the inspections will occur and the cost. Owners sign up and pay. We point out the danger of water leaks from the dryer ducts if they aren't cleaned annual. We usually get about 70% participation.

Same thing with our personal HVAC units. With them, too, what Owners should worry about is water leaks & overflows in their closets. The inspector changes the filter (some run their AC a lot Some hardly ever) and puts algae-eating material in the pan under the heat pump that gets drips in it from the condensate line that runs form one floor to the next. Some owners have 4 heat pumps and pay per heat pump.

The vendors give a report to each owner about the condition of their equipment & recommendations.

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