Fireproofing common elements

[Drox]

What is the name of your state (only U.S. law)? Nj
We recently had an inspection for the condo and one of the structures in the garage needs complete fireproofing since the original one fell off. The condo owners do not want to spend money to do it. Would this void our condo insurance in case of a fire? What are the implications if we don't fireproof the structure? Are the owners personally liable in case of a disaster? Can we force them to do it?

 

[private_person3]

I don't know if the garages are part of the units or if they are limited common elements. If they are limited then it will be associations responsibility. If they belong to the units, then it will be the units responsibility. A simple check of your condo docs should tell you what they are.

In the event it is the responsibility of the individual units, the HOA can certainly compel owners to do the work, in the interest of safety. Your By-laws will spell out the type and manner of authority given. In matters of safety to other units, NJ law allows the HOA to enter and do the work themselves and apply the bill to the units maintenance account, if they refuse to do it themselves and in a timely manner.

Regardless of who is responsible for the work, NJ law requires that HOA's maintain fire insurance on all "structural" portions. If one of the garage walls is load bearing, it needs to be covered under the HOA policy.

N.J.S.A. 46:8B-14 Responsibilities of association
The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall be common expenses:

(d) The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property and the application of the proceeds of any such insurance to restoration of such common elements
and structural portions if such restoration shall otherwise be required under the provisions of this act or the master deed or bylaws.

As for liabilities and such, contact your insurer.

Good luck.

 

[Drox]

Fireproofing

The garage is a limited common element. The problem that our condo president or HOA has is that they cannot convince the other 10 owners that fireproofing needs to be done as it is seen as a liability. The other owners don't consider themselves long term owners, therefore they try to postpone the expense until the future owners buy the property (transient town).
My question is: if the HOA fails to maintain repairs such as fireproofing an element which is the structure that supports the entire building, wouldn't our condo association insurance be void in case of a catastrophic fire?
I don't want to call the insurer yet, as this would self incriminate the HOA for not doing the work in a timely manner (I would think).

 

[festival]

Do people live above or near this structure that supports the entire building? If so, your association needs to fix it for the safety of the people living there.

You can call the local fire marshal for an opinion.

Special assessments usually require a vote, but the board can make most other expenditures on their own authority. Why do they have to convince the other 10 owners?

You can also post your question in the insurance section of this website.

 

[justalayman]

What is the name of your state (only U.S. law)? Nj
We recently had an inspection for the condo and one of the structures in the garage needs complete fireproofing since the original one fell off.

what type of fireproofing is this? If it "fell off", the only fireproofing I can think of that might fall off is the spray on type used on steel framed buildings. Is it?

If so, how old is the building? It may be worth looking into any sort of warranty by the installer or manufacturer. Fireproofing should not just "fall off".

 

[private_person3]

Make it easy on yourself and ask your insurer. Once they weigh in, you will know for sure what needs to be done. If your insurer says, YES, fix it! The other 10 won't have any position to oppose. Furthermore, since these are Limited Common Elements, the HOA doesn't need special permission to do the work; since it is the responsibility of the HOA and not the owners. Also, being a "repair" job, you don't even need to vote on whether or not to spend the money. The primary function of an HOA is to maintain and care for HOA property, such as LCs! You have a Reserve Fund for this very purpose. Time to use it.

The garage is a limited common element. The problem that our condo president or HOA has is that they cannot convince the other 10 owners that fireproofing needs to be done as it is seen as a liability. The other owners don't consider themselves long term owners, therefore they try to postpone the expense until the future owners buy the property (transient town).
My question is: if the HOA fails to maintain repairs such as fireproofing an element which is the structure that supports the entire building, wouldn't our condo association insurance be void in case of a catastrophic fire?
I don't want to call the insurer yet, as this would self incriminate the HOA for not doing the work in a timely manner (I would think).

 

[private_person3]

I was just rummaging through NJ's building code. You need fireproofing in the garages. It is a State requirement.

Here is an letter form the DCA talking about it.

www.nj.gov/dca/divisions/codes/publications/pdf_fto/fto_13.pdf

You can also verify the actual codes regarding the fire separation of a residential garage:

Walls IBC 712.3.2

Ceiling IBC 712.4.1.2

Here is a website with PDFs for all of NJ's building codes. You're looking for Chapter 7 on the left.

New Jersey Building Code

The short of it is the HOA needs to make the repairs.

Good luck!

 

[HomeGuru]

What is the name of your state (only U.S. law)? Nj
We recently had an inspection for the condo and one of the structures in the garage needs complete fireproofing since the original one fell off. The condo owners do not want to spend money to do it. Would this void our condo insurance in case of a fire?

**A: yes there is most likely an exclusion for coverage based on building code violations.

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What are the implications if we don't fireproof the structure?



**A: see above. In addition to fire safety liability.



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Are the owners personally liable in case of a disaster?

**A: both the unit owners and the HOA owners would be liable.


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Can we force them to do it?

**A: yes, read your HOA docs.