How to read CC&R’s re dryer duct responsibility?

You need to look at the sections of your CC&Rs where they define Common Elements, Limited Common Elements, and Units. Then look for the section(s) where they talk about who is responsible for what.

As an example, my CC&Rs state that duct work and utility lines that serve a single unit are part of that unit (in fact, dryer vents are mentioned specifically). The section that addresses unit owner responsibility states that the unit owner maintains, repairs, and replaces all items that are part of the unit. So we owners are individually responsible for dealing with any issues with our dryer vents.

For your situation, this is probably going to depend on how your buildings are constructed. Individual units' dryers in my community are vented directly to the outside - there are no shared venting lines. If our buildings did have shared lines, then according to our CC&Rs they would be defined as common elements and thus association responsibility. We would also have to know where the dividing line is - where do the individually-owned ducts connect to the shared ones?

HOAs get this stuff wrong all the time. Either your community handled it incorrectly in the past, or they're trying to handle it incorrectly now. But the answers are in your CC&Rs - no need for anyone to guess at it or try to figure out what's "fair".

I’ve read through the CC&R’s and there is no mention of dryer vents. HOA management relied on the language I quoted above and also said that “There is no specific directive within our association's responsibilities to address this issue.” So what to do?

Thank you! I spoke with board members who were on the board before me who said the HOA always pays for duct cleaning of all units. HOA mgmt (same mgmt as before) is now, for whatever reason, stepping in to say they recommend that all units pay for their own cleaning and also the reconnection of ducts that may have separated inside the wall. Without guidance from the governing docs, it’s up to the board then, right? (yes, I’m recused)

Will see what the master policy’s ins company has to say as well.

I'm in a multi -story condo HOA too.

First, Laura, as board president you must remember that the manager does NOT make decisions about who pays for what.* Only a quorum of board members at a meeting votes to make such decisions. (This is why, I assume, that Shelia advised you to research old minutes.).

Second, the CC&R Article your mgr. cites mainly has one phrase that matters: "....ducts"... shall be appurtenant to each unit..." This usually means the dryer duct is yours to maintain because it's appurtenant or a connected part of your Unit. Your PM should know, tho', that other parts of the CC&Rs are more important.

Look at the Definitions Article near the front to see the definition of "Unit." It probably includes electric, plumbing, ducts etc. that solely serves your Unit are a part of your Unit.

Now, look at the Article about Maintenance. It will say Unit Owners' obligations and the HOA's obligations. As already pointed out, not every single item that terminates in your Unit and serves you only will be named. In my condo, for instance, loud speaker covers, fire alarm covers, ceiling sprinklers, dryer ducts, fireplace chimneys are not mentioned. Yet, since I'm the only one who uses them, I'm obligated to repair or replace them. In this CC&R Article there'll be broader categories like plumbing, drains, utilities, maybe ducts. (As you probably know there are other ducts in your walls aside from your dryer duct.)

You must read those sections. My guess is that Ownres are responsible for dryer duct cleaning, but earlier Boards voted to pay for this as they were concerned about fire or leak hazards. My guess is with the rise in so many expenses, perhaps your insurance will go up a lot for '24?, your PM is "advising" the board to have owners pay for dryer duct inspections going forward.

I'm confused however about your: "...apparently all lint has been blowing between my unit and the unit above me." Are you saying your dryer ducts are somehow connected? (which sounds horrible). And then: "Our dryer vents are not common. They run between the units."

Are they like ours? The individual duct runs from the dryer vent through the ceiling (or possibly wall) to a termination vent on the exterior of the building? It serves only your Unit. If so you're right, it probably will be very expensive to repair. Were you the owner when it was last cleaned??

The options I can think of: 1. If Your building is less than 10 years old and perhaps this duct "separation" is a construction defect. Your board would hire a construction defect attorney to seek reimbursement from the original contractor who installed the system. 2. Previous duct techs somehow damaged the duct and caused the separation. How to prove? Would require research and inquiry about all other condos to see if others have the problem.3. If you know of a few Units with this same problem, it may be worth hiring a contractor who is NOT in the business of repairing the ducts, to give your Board a professional assessment of the situation. My HOA did this re: a different dryer duct issue. You'd have to recuse yourself from that discussion & vote too.

Sorry I can't more optimistic...Yes, do speak with your insurance agent.