Our condo doesn't meet fire code- didn't they have to disclose this?

[mrsklamc]

So over the weekend we tried to have our dryer vent cleaned and found out it doesn't meet fire code. I emailed the HOA to let them know, and apparently they were aware. The fire code has changed since the buildings were built. Shouldn't the HOA or seller or something been liable to make us aware of this?

 

[ColoradoDisneyFreaks]

So over the weekend we tried to have our dryer vent cleaned and found out it doesn't meet fire code. I emailed the HOA to let them know, and apparently they were aware. The fire code has changed since the buildings were built. Shouldn't the HOA or seller or something been liable to make us aware of this?

I'm not sure about the seller being liable to inform you, it may be that they didn't know either, the HOA isn't responsible for informing you of anything, but you should have gotten an inspection that included verifying that everything was up to code before you purchased the condo. Of course most inspectors also have contracts that say they're not liable for anything they don't find. However, if the fire codes have changed since the property was built, was there a grandfather clause built into it to ensure that older properties didn't get stuck with it, or is there an avenue to bring the property up to code?

 

[lost*in*cyberspace]

Didn't you have a home inspection before purchasing this property? Or did you buy before the code was changed? If you bought after the code was changed, you may have a case against the home inspector.

And yes, this should have been disclosed by the seller. If it's not too expensive, you might just want to take care of this yourselves. Legal action can be very expensive and time consuming.

 

[mrsklamc]

I'm not sure about the seller being liable to inform you, it may be that they didn't know either, the HOA isn't responsible for informing you of anything, but you should have gotten an inspection that included verifying that everything was up to code before you purchased the condo. Of course most inspectors also have contracts that say they're not liable for anything they don't find. However, if the fire codes have changed since the property was built, was there a grandfather clause built into it to ensure that older properties didn't get stuck with it, or is there an avenue to bring the property up to code?

I think the avenue to bringing it up to code is for just for us to hire a contractor to do it. I guess I'm just surprised that the HOA wouldn't at least mention it in the newsletter, or something. We did have the property inspected before we bought it...I guess I'm just frustrated b/c I emailed the HOA to let them know and she just acted like it was common knowledge, and I just think if you knew that you would tell people, so they could at least get it fixed themselves if they wanted.

 

[MomToOne]

Things like Fire Codes change all the time. I'd be surprised if anything that was built even 5 years ago would be completely "up to code" today. That's just the nature of the beast. And part of home ownership.

And just because something isn't up to current code doesn't mean it is extremely hazardous and has to be made up to current code...there are rules around what does and doesn't have to be brought up to code when work is done. Make sure the person doing the work isn't just trying to upsell you work you don't really need - they love to pull out the "it isn't up to Fire Code" line because it's a very emotional gotcha for many people, and they will immediately jump at having the work the done.

 

[mrsklamc]

Things like Fire Codes change all the time. I'd be surprised if anything that was built even 5 years ago would be completely "up to code" today. That's just the nature of the beast. And part of home ownership.

And just because something isn't up to current code doesn't mean it is extremely hazardous and has to be made up to current code...there are rules around what does and doesn't have to be brought up to code when work is done. Make sure the person doing the work isn't just trying to upsell you work you don't really need - they love to pull out the "it isn't up to Fire Code" line because it's a very emotional gotcha for many people, and they will immediately jump at having the work the done.

I understand that it's part of home ownership, but when you have a large quantity of buildings you are being paid to manage, that has a regular newsletter, you'd think someone would take a couple minutes to throw it out there when you realize they're not up to code.

The person who pointed it out was there to clean the dryer vent, they don't do the type of construction work needed. The vent is fully blocked ( a bird built a nest in it) , which is a fire hazard, and can't be cleaned professionally because of the way it's built.

 

[tlbwriter]

Probably the code changed after you bought the condo. As the previous poster mentioned, that doesn't mean your current setup is a death trap. When we had to replace our water heater last year, we found that we weren't up to code because we didn't have a metal pan underneath it. No big deal.

 

[scard192]

Is the dryer vent hose made of vinyl? The last time I bought a dryer the installer/delivery person would not hook it up to the vinyl one and said those can be a fire hazard. I had to purchase a metal vent hose. Was an expense I hadn't planned on but wasn't very expensive.

Is it possible the HOA sent notification about this issue before you bought your unit? Did the previous owner provide you with a complete copy of the rules + regs?

 

[Cheshire Figment]

1. Contact the local Fire Marshal's office and find out what the code calls for and when needs to be done to comply with the code.

2. If you have an apartment-style condo or townhouse you are only responsible for what is on your side of the walls. The Condo Association is responsible for wiring, ducts, etc, as the outside of the building.

Note there is a major difference between a condo and it's association/board and a freestanding or town house that has a Home Owner's Association.

 

[a1tinkfans]

If the HOA knew/now know they can/will likely then pass it along to all the owners (if a co-op/townhouse ) versus condo, in the HOAs fee's. That is, if they are required or willing/responsible to update the "outside part".
Regardless of who is responsible, I would set about getting it up to code if it is/can become a safety issue for your family
Perhaps at am HOA "meeting" you can mention it so others can also be made aware of the situation. Don't be surprised if people did not know and that some may even be annoyed at you Sad, but true.
Meanwhile, your inspector should have noted that in the report. They are supposed to "know" the codes, unless the change happened after he inspected it, obviously.
k!

 

[tlh0726]

Had a fire in our vacation home 2 years ago and have been rebuilding it ourselves since.
We pulled the permits at the beginning of the project. If we were to pull permits now we would be required to install a whole house sprinkler system.
We just finished our final inspection and received our occupancy permit.
Even though the sprinkler system is now code, because we already had permits it is not needed in our home only the new construction ones.

Hope that made sense.

 

[dis-happy]

I agree that the codes change all the time over all sorts of things and I wouldn't expect the HOA to notify you. Almost always you don't have to make any changes unless a certain percentage of the building or unit is being re-done. Other things, (new laws re. smoke and carbon monoxide detectors come to mind) are required, but usually of the owner, not the HOA.

If our condo in HH is flattened by a hurricane the whole thing should have to be rebuilt with an elevation of several feet. And actually, they've added local legislature that would allow the new building codes to be ignored after a big natural disaster and let people re-build what they had, with the reasoning being that it would be too costly and time-consuming to enforce the new codes.

 

[Lisa loves Pooh]

So over the weekend we tried to have our dryer vent cleaned and found out it doesn't meet fire code. I emailed the HOA to let them know, and apparently they were aware. The fire code has changed since the buildings were built. Shouldn't the HOA or seller or something been liable to make us aware of this?

Did you have the condo inspected before purchase?

An inspection would have revealed that and then you could negotiate the repair.

If it is within the walls of your condo, unless your HOA bylaws allow them to come in and inspect, I really can't imagine how they would be responsible for that either.

Just get it up to code.

As for the HOA--they would have to be fully aware of changing codes and it is unlikely that they keep up to date on that, especially if there is no legal requirement to retrofit.

(example: My Florida house was sold to us with old windows that did not meet current code. There was no issue with this sale. Just when and if we ever replaced the windows, those windows would have to meet code. All the old condos would likely have that as well.)

 

[mrsklamc]

Is the dryer vent hose made of vinyl? The last time I bought a dryer the installer/delivery person would not hook it up to the vinyl one and said those can be a fire hazard. I had to purchase a metal vent hose. Was an expense I hadn't planned on but wasn't very expensive.

Is it possible the HOA sent notification about this issue before you bought your unit? Did the previous owner provide you with a complete copy of the rules + regs?

It's not a vinyl hose...it has to do with the actual construction of the vent.

The previous owner did provide us with a complete copy of everything. I'm not saying the HOA is legally liable, I'm just saying, they could mention it to people.

 

[mrsklamc]

Did you have the condo inspected before purchase?

An inspection would have revealed that and then you could negotiate the repair.

As previously stated, we did have an inspection and the inspection did not reveal this. It is also not something that changed since we purchased the home.

I'm not saying it's the HOA's responsibility to keep up with all changing codes; but since they were aware that it was a problem, they could have taken the opportunity to notify people.

 

[DVCBELLE]

As previously stated, we did have an inspection and the inspection did not reveal this. It is also not something that changed since we purchased the home.

I'm not saying it's the HOA's responsibility to keep up with all changing codes; but since they were aware that it was a problem, they could have taken the opportunity to notify people.

How do you know they didn't? Maybe the code changed a year before you bought it and it went out in the HOA newsletter then or a special notice went out. Since you weren't privy to the communications that went out or happened at meetings it seems unfair to be irritated with them.

 

[dis-happy]

Also, even though the fire code has changed and your set-up doesn't meet the current new build code, it doesn't mean that the old way is an unsafe hazard. The HOA probably doesn't want to make people crazy by notifying them every time something in the building code changes.

Even asbestos and lead paint on windowsills is better left alone (if it's painted over) than for untrained people to start messing with it. Copper wiring also comes to mind.

Also, if the HOA wrote out a notice, unless they have something in place to force an assessment and make the change for everyone, they are throwing themselves out there as far as liability goes.

 

[scard192]

How do you know they didn't? Maybe the code changed a year before you bought it and it went out in the HOA newsletter then or a special notice went out. Since you weren't privy to the communications that went out or happened at meetings it seems unfair to be irritated with them.

I would have to agree with this. I am President of my condo association and IMO your gripe should be with those who sold you the condo. When my HOA sends out a notice to current owners we can't check with every new owner going forward to verify that the sellers updated the buyer with every notice or changes to the Rules + Regs. Our rules + regs require the seller to provide the buyer with an up to date copy of the Rules Regs.