Is the Condo or Are Owners Responsible for Chimney Repairs
My question involves a condominium located in the State of: VA.
Our condo complex consists of 20 single-floor units, all the same size and all with fireplaces. Some of the units are on the ground floor, some are on the upper floor and some of them on the upper floor have pitched roofs and attics above them. In all cases, the chimneys at some point have some shared flues or something on the interior, but do have two separate caps on the top when combined inside somewhere. The condo docs require owners to have inspections on their chimneys every two years and the Condo Board assists and gets group rates and schedules them as an option for owners. Participation in those group inspections isn't required, but they must submit proof of their inspection. The documents don't address the requirement to repair any issues found at inspection, nor can I find who is responsible.
I am on the Board and we do have a management association who doesn't have good guidance for us. Our documents don't have any references to chimneys, but the Master Deed references horizontal and vertical boundaries for the different type of condos:
1. Apartments. The apts will be one story two bedroom apts. Each apt is equipped with: range, refrig, dishwasher and disposal.
Teh apts are described herinbelow:
1a. Terrace Floor apartments. The one story terrace floor 2 br apt is essentially rectrangular in shape, with the width and length and total area of each apt more specifically shown in Exhibit "B" to this Master Deed. The horizontal and vertical boundaries of the terrace floor apts are defined as follows:
i. horizontal boundaries: the plan of the center line of the floor slab separating the terrance floor 2 bedroom apt from the apt above and the underside of the lowest floor slab in buildings 1 and 3.
The plane of the cener line of the floor slab separating the terrace floor 2 br apt from the apt above and the plane of the center line of the floor slab separating the 2 br terrce floor apt from the basement below in building 2.
ii. vertical boundaries: The plane of the outer surface of the exterior walls which do not separate an apt from other apts and the plane of the center line if the walls which separate the apt from other apts and shall include windows, window frames, doors, door frames and trim included in such exterior walls and, when there is attached to the apartment steps, stairway or other structure serving only such apt, then such apt shall also include such structures and fixtures thereon. Whenever the context so requires, the word "apt" shall be deemed to include the interest of the owner thereof in the General and/or Limited Common Elements hereafter defined. The main door of each 2-br apt has access to a corridor, common walkway or stairway as shown in Exhibit "B".
1b. Upper 2 br apts. The one story upper foor 2 br apts is essentially rectangular in shape, with the width and length and total area of each apt more specifically shown in Exhibit "B" to this Master Deed. The horizontal and vertical boundaries of the upper floor 2 br apts are defined as follows:
i. horizontal boundaries: The plane of the center line of the floor slab separating the 2 br apt from the apt below and the plane of the underside of the exterior surface of the roof (meant to exclude only roof shingles).
ii. vertical boundaries: The plane of the outer surface of the exterior walls which do not spearate an apt from other apts and the plane of the center line of the walls which separate the apt from other apts shall include windows, window frames, doors, door frames, and trim included in such exterior walls and when there is attached to the apt steps, stairway or other structure serving only such apt, then such apt shall also include such structures and fixtures theron. Whenever the context so requires, the wod "apt" shall be deemed to include the interest of the owner thereof in the General and/or LimitedCommon Elements hereafter defined. The main door of each 2 br apt has access to a corridor, common walkway or stairway as shown on Exhibit "B".
2. General Common Elements: the General Common Elements of the Project are as follows:
A. Parcel of land described in Paragraph First of this Deed.
B. Underground sanitary and storm sewer systems, underground water and wires, pipes, gutter leaders and trusses, yard hydrant water systems and appurtenances, roofs, basement area in Building #2 except for that portion of the basement area assigned as Limited Common Elements, firewood supply and shed and trash shed, and any profits or proceeds therefrom distributable by the Council of Co-Owners.
3. Limited Common Elements: Storage areas, as shown on Exhibit "B" prepared by Michael and Michael, and attached hereto are Limited Common Elements in the project and are reserved for the exclusive use and benefit of the apts for which they are established. As appears more fully from the attached Exhibit "B", the storage spaces which are Limited Common Elements are located on the basement level below the terrace floor 2 br apts in Bldg #2.
The inspections from December 2009 show a handful of units have some level of interior damage in the chimneys. We need to determine who's responsible for the repairs. The Association doesn't have the extra money to offer to repair them, but we need guidance on who is responsible so we can address. Can someone help?
Re: Is the Condo or Are Owners Responsible for Chimney Repairs
We can't begin to guess based upon the snippets you have provided, and with no information about the nature or cause of the problems. The condo board should run the question past their lawyer.