Fire Escape Ladders

We are a group of townhouse style homes in San Francisco. All have 3 levels. Built over two years about 50 years ago. I don't know all the circumstances regarding the build. I heard that after building half of them as 2 bedroom small units, the neighborhood demanded that the remaining units be larger 3 bedroom as fear of parking congestion arose. Anyway, the important part to my question is that the smaller units all have fire escape ladders on the third floor. Until now, the HOA has had the fire escape ladders inspected on a yearly basis as this was considered good practice regarding liability, function, etc. etc. We are updating our CC&Rs including the Maintenance Matrix and the question has come up (again). Why is this an HOA responsibility and not a responsibility of the individual homeowner. Each ladder does service a single unit, none are shared. All ladders are external, outside the rear facing bedrooms, off a balcony or fire escape landing.

In the rewrite of the Maintenance Matrix, The Board would like to get out of the business of maintaining the ladders. Thoughts???

Thanks!

As an aside, a Board member recently suggested we just remove all the fire escape ladders since while they are functional they are considered outdated with replacement parts unavailable should any be required. I have liability concerns. Not even considering the cost of removal would far exceed several years of inspections. (There is an inherent jealousy between the big units and little units that complicates - why do we have to pay for *x* and *y* if we only have *z*.)

What do your CC&Rs say about the ladders? Are they common elements, or are they part of the individual homes?

If the latter, then they are homeowner responsibility unless your CC&Rs say otherwise. In fact, the association takes on some level of liability if it maintains something that is not within the scope of its responsibility. But you should check. In some townhouse communities, the association does maintain parts of the exteriors of the homes.

However, the association can still encourage maintenance of these items even if the owners are the responsible parties. One way is to negotiate with a local company or two to provide an attractive price for your community, and then allow the companies to contact your membership directly to offer the service. We do something similar with our dryer vents - also a potential source of fires - that are part of our individual units and condo owner responsibility.

Why is this an HOA responsibility and not a responsibility of the individual homeowner. Each ladder does service a single unit, none are shared. All ladders are external, outside the rear facing bedrooms, off a balcony or fire escape landing.

Because the fire escapes are on the outside of the building and the outside of the building is the association’s responsibility. You elected to live in a building that is basically socialism. Everyone isn’t going to be treated equally.