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  1. #1
    Join Date
    Apr 2010

    Default Updating Condo Docs Because of Heater Vent Installation

    I live in a 12-unit condo building. The building used to be a rental apartment building but got sold as condos in 2004.

    It's a 3-storey building. All the four units on the 3rd floor came with b-vent gas heaters which are old, unattractive, and (in the case of mine) no longer functioning well. The rest of the units have radiators.

    I have decided to buy a more efficient direct-vent heater. I'm going to pull a permit. After consulting with the city's building department and installers, I presented my installation plan to the trustees and they gave me their approval.

    However, they say that I should update the condo docs to show that the vent cap is exclusive to my unit and that the maintainance, repair and any damages caused by the vent are my responsibility.

    I have no problems with taking responsibility for my vent. However, is it normal to have condo docs updated to reflect the installation of a heater vent? There are other owners who have installed washing machines, for instance, which require vents. They didn't get asked to update the condo docs.

    In terms of the vent being exclusive to my unit, the vent will be connected to my heater. On the proposed wall, I'm the only one on the 3rd floor (top floor). Isn't this clear enough that the vent is exclusive to me?

    I thought that if in the future it was determined that my vent caused any damages to the building or another unit, I (or my insurance) would be responsible for it. Do the condo docs need to be changed for this?

    Alternatively, if the docs must be updated, what is a fair way to do it, given that some owners did not have to face the same requirement?

    What is involved in updating a condo doc? For instance, will I have to hire a lawyer? We are all first-time homebuyers so I'm just wondering whether this is a normal requirement in order to get a new heater.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Updating Condo Docs Because of Heater Vent Installation

    If you believe you are being treated unfairly, take it up with the condo board. Note that their failure to act in other cases does not of itself mean that they cannot impose the requirement in your case.

    I've never had a problem with a vent. While I can see why the condo association would want to play it safe, assuming the vent is installed correctly I'm not seeing it as a likely cause of future problems. Am I missing something?

    As you failed to follow the instruction to identify your state, we can't look up the laws of your state. Also, we have no access to the owner's agreement or bylaws. It's also not clear what you mean by "condo docs". This may be something you can do yourself, or it may be something best done with the help of a real estate lawyer, but that's not really something I can tell you based upon the information you've provided.

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