Don Phillipson wrote:
"Kadaifi" wrote in message
...

A townhouse association says they will repair the chimney pipe damaged
by a hurricane but they will not repair a chimney pipe damaged by
corrosion over time. Can they do that?

This depends on the formal terms of the association (and perhaps
its insurer, if the association requires uniform policies for all.)

I would have thought that they would be either responsible or they would
not be responsible for the repair of the chimney pipe no matter what the
cause.

Oh -- why? If you consult the terms of the association you will
probably find damage by some other causes (e.g. lightning) is covered
and by certain causes (e.g. balloons or aircraft) is not covered (or
vice versa.) The basis for these inclusions and exclusions is
supposed to be exact actuarial calculations.

We looked at the terms of the association and there is nothing like that
in there. The association terms say the are responsible for all the
exterior like roofs and siding. They say they are not responsible for
interior such as walls, plumbing, etc. There is nothing in the terms
specific about chimneys.

To me, the pipe in a chimney is internal plumbing. If that is true, I
don't understand how the association can agree to fix the chimney pipe
in one case but not the other.