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?

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.

Any thoughts?

"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.

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)

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.

On Nov 22, 5:08*pm, Kadaifi wrote:
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?

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.

Any thoughts?

Right it would not need fixing if the huricane didnt ruin everything,
but what you talk about is cheap if its one section, they easily
remove and slide on another piece, the brick labor is expensive, see
if the contractor will do it free, or you buy the pipe. My insurance
covers everything, that why you get insurance not a watered down bs
policy that screws owners, who is responsible for the bs policy, looks
like all your neighbors can get screwed.

Kadaifi wrote in
:

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?

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.

Any thoughts?

First question: Was the fireplace/stove part of the townhouse
design, or was it added afterwards. If it was part of the original
design/construction, then in the absence of specific wording in the
association agreement it would seem that the association would be
responsible for any and all maintenance. If it was added later,
again in the absence of specific terms to the contrary, it would be
the unit owner's responsibility.

Regardless, hurricane damage would be paid for by any insurance in
force (that did not specifically exclude hurricanes, etc) as
catastrophic damage. Corrosion over time is a maintenance issue,
not covered by insurance. Remember, insurance is for catastrophic
losses, not gradual declines over time as part of a natural
process. Even if you could prove improper
construction/installation, it would not be an insurance issue, but
grounds for a civil suit.

As a former condo association president, my advice would be to get
the problem taken care of before it gets any worse; make good
documentation of before, during, and after and all relevant
paperwork; and sort out who is going to be responsible later. If
you are seeing visible corrosion, it would not be in your interests
to go through another heating season before repairing it, and you
really don't want to shut down your heating system for repairs
right in the middle of when you want to use it.
** Posted from http://www.teranews.com **