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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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I live in a condo building in which the sprinklers have burst

Resolved Question:

I live in a condo building in which the sprinklers have burst before causing considerable water damage to quite a few units. Just recently, my HOA has informed all owners in the top floor units that we are REQUIRED to keep our attic hatch open to prevent the sprinkler pipes from freezing again or else the insurance company may not pay for the damages. My question is, can they really REQUIRE me to keep my hatch open? I am not comfortable with leaving it open at all times especially when I do not know if there are any critters in the attic that may come in. It's also in my master bedroom walk-in closet, quite a distance from the nearest heater that I don't see it being that much help to keep pipes from freezing.
Submitted: 5 years ago.
Category: Legal
Expert:  Legalease replied 5 years ago.

Hello. If this is an insurance requirement, then the HOA can require you to keep the hatch open and if you do not do so and the pipes burst again damaging your unit with no insurance reimbursement, then you will be responsible for the repairs to your own unit. My suggestion is to see if you can get a screen to put up there so that nothing will come into your unit from the attic -- and in the meantime you should make other suggestions to the HOA such as having them put some type of heating units (electrical or otherwise) into the attics and then the additional electric can be billed to the HOA.




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