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Posted By TomG16 on 02/08/2023 11:27 AM
I am owner-resident of a HOA townhouse in PA where all units have individual water fire sprinklers that are hooked to each units private water line. HOA does not pay for the cost, maintenance, inspection of these systems that are located strictly inside each home. My insurance company does not require inspection. Now, a new board has mandated that unit owners must arrange, pay for the inspection of each system (not HOA), even if there is no indication of any problem with it, and share the results with the HOA board. They threaten an unstated amount fine if not done. Owners did not get to vote on this, HOA just added it to the Condo Documents recently. Do they have the right to intrude inside my home and force this?
First I would be asking the board to explain why it did this. What I have seen is that a HOA's insurer may ask the HOA board either to impose such a requirement or face higher HOA insurance premiums. It's entirely possible any increase in insurance premiums (due to not having such inspections), spread over all owners, is greater than what individual owners pay for an inspection. You can study the governing documents for a long time and maybe argue that imposing such a requirement is not allowed. But ask a competent HOA attorney, and I bet she says that it may be allowed per ____. After all, this concerns safety and the HOA's bottom line when it comes to insurance premiums.
You do know insurance premiums have particularly soared in recent years, don't you?