Taking use of fireplaces

The board of directors has taken the use of fireplaces in units that have them without those owners votes or in put,and without compensation and reappraisal of those units which reduces resale value greatly.

This may be a requirement of the association's insurance policy since the presence of fireplaces increases the chances of a fire. Or maybe there was some new directive from the local fire department (in my area, open flames are prohibited on balconies and patios of attached units unless they are equipped with an automatic sprinkler system).

If your association is on the verge of losing their insurance, you've got a lot bigger problems than lower property values.

In any case, the problem I see is how to enforce this particular ruling, it seems like a non-starter.

Hello.when I bought my condo in 2004,it was purchased with a useable working fireplace.the old board started replacing some of them and was told in newsletter for all to be patient that all fireplaces would be fixed.but now it's a new story with the new board and they will not even acknowledged aseveral of my emails concerning this matter.the fireplace takes up the whole wall and I can't place furniture,table etc,because of it.i live in the south and we enjoy fireplaces in our winter months.the board states structural damage on the outside around chimney,and state fireplaces we're not part of the original but shows them on the deed.in the floorplans for the units that have them.

I am betting that the exterior is the association's (COA's) responsibility to maintain. If so, I think the Board and COA are in a tough position. The questions the Board is rightly asking the COA attorney are perhaps like the following:

-- Even if the COA just repeatedly repairs the damage, isn't there still a risk that the damage could cause further structural problems?

-- Isn't the damage directly caused by the owner of the unit with the fireplace? Don't these owners have a responsibility not to cause damage to the common area (like the exteriors of the buildings)?

-- And yet, if damage is occurring on account of ordinary use of the fireplace, is this because of a poor design? Does the COA have a legal responsibility or duty to correct the design (if possible)?

-- Is one solution to block off all chimneys; inform owners of this; and state that fireplaces are now restricted to plug-in electric heater-type faux log fires?

DawnL6, I think this is a difficult legal situation for all, with much money being involved on all sides, and this is even before attorney fees start becoming a huge factor. It's a hard problem to solve in general, given the constraints of the COA budget; what "ownership" of certain parts of the grounds means for each infrastructure component involved; insurers' input (both the owner's insurer and the COA's insurer; and more. If you have the money, consult an attorney. If you do not have the money, propose a compromise that results in no damage to the exteriors of the units.

This dispute is ripe for making at least two attorneys rich. Don't let it get this far. Try to see things as the COA Board by law, must. Ask them to see things from your point of view as well. Then emphasize the importance of a compromise (if a compromise is possible).

Yes..the damage is around the chimney on the outside.i have never had a fire in the fireplace since I have lived here because my now deceased husband was on oxygen and we could not use.but I'm not sure if or how this could effect the interest part of my exclusive use of the percentage of my unit or not.