Can an owner build their own attic access?

Hello

HOA President of a Los Angeles County community of condos. We have an upcoming roofing project and the HOA is purchasing access hatches on the roof so owners' ductwork and attics can be accessed. There currently is no inside unit access. Now as I understand, I've heard that one owner recently had their own attic access door created in their ceiling. The AC company we are using for this extensive roofing project had informed me that attic access has legal implications in CA as it is illegal for someone to enter the attic space and crawl into someone else's unit and spy on them. He said this a few times. So our plan for the access hatches was we'd put locks on them and only give the key to the Board or to the management company so the access could be controlled. I have not personally checked into whether attic access is a legal issue as I don't even know what to search for.

My question is, does this owner building his own hatch cause some kind of legal issue for us? I think the CCR does state something about not altering the basic layout of the condo without Board permission. I have no idea if this is something that should be addressed or not. If it is something to address i'm not sure what could be done.

Please let me know if you have any advice

N

I would. I'm contacting the roofer to make sure that there will be a lock on the hatches. I brought this up to our HOA management company for advice and our guy said he didn't think the owner building his own attic access was a problem.

Nathan

Though you are saying you are a condo, what is your exact configuration/construction?

I once lived in an association in MA where each unit was a 3 story townhouse with 3-4 units per building but they were called condos in MA. I say townhouse, but they are often called row houses. Each unit had its own front and backyard but some shared a side wall with another unit. Each unit had a scuttle hole in a closet that led to a not usable, low overhead attic but some used the attic for storage.

Name versus actual construction can vary and throw people off into a tangent. I have seen standalone, individual homes called condos but their state law definitions called them condos (ala MA) whereas when I hear the word condo, I picture an apartment style, multi story building.

It is and is not an "legal" thing. Yes, it would be illegal IF this person was doing an illegal act of "Peeping Tom" or entering. However, having an access to attic isn't illegal or if you all installing would make that project illegal as well...

What it is is a FIRE HAZAARD. The way that fire works in a building this could create a "backdraft" situation spreading the fire across the attic. If you ever seen the movie backdraft you would have some understanding what could occur in a fire.

This is more of a fire violation of which the fire marshal would be involve. If your HOA had a fire and this was discovered, the insurance may not cover the damages. So you want to emphasize this with the owners. Plus make sure this is not going to effect the work you are all doing.

Each unit has their own roof and we are all attached and share at least one wall.

The HOA is very much responsible for the roof and I believe we established that the owner is responsible for the box. Nowhere in the CCR does it state who is responsible for the attic / crawlspace. I haven't seen it but it must be a pretty small space. There is no access to it in anyone's homes unless they made it themselves like this owner did.

Our CCR says that the owner must get approval for alterations additions and improvements that affect the exterior or that impair the structural integrity of any part of the project or the structural integrity of a common wall or the common area. I don't see anything as specific as talking about the sheetrock.

Another thing to consider is fires.

Many townhoue-style condos have firewalls between units. The better ones have firewalls that extend from ground to roof; in the cheaper ones the firewall may stop at the ceiling of the upper floor (in other words, no firewall between attics) or no firewalls at all.

Changing access to attics - and storing a bunch of crap in the attic, which I assume is the point of this - can result in fires spreading more rapidly between units. Look in your CC&Rs to see if there is any language prohibiting changes that affect the association's insurance liabilities - if so, this change may fall under it.

Your AC guy is 100% correct about a security risk as well, which says to me you may not have firewalls between the attics.

It's a good idea to talk to your insurer about this in any case.

What is the definition and boundaries of your condo units? There should be a clear (exact) description in your governing documents of a unit (separate interest), and a statement that says anything outside of a unit is common area.

Your docs should also list exclusive use common areas (if any) that are assigned to a unit.

This should tell you if the unit includes the attic or not, and if the hatch modified the unit or the common area (or both).

In order to be condo, your docs have to define a unit.

Civil Code §4125. "Condominium Project" Defined.

(a) A “condominium project” means a real property development consisting of condominiums.

(b) A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. ...

It sounds like your community predates the Fair Housing legislation which outlawed discrimination based on age, among other things. An exception to the age thing is the 55-and-older exemption, but there are a bunch of legal hoops a community has to jump through to receive and maintain that designation - can't just put up a sign and call it good.

For your particular question, you'll need to see whether the upper boundary of the unit is the ceiling or the roof, in which case the attic space will belong to the unit. If you don't see anything specific, look for things like maintenance easements. For example, if there are any utility lines serving multiple units running through the attic space that need to be maintained by the association, the presence of a maintenance easement suggests that the space belongs to the unit and is not common area.