In August, the Attorney for the Association was asked numerous questions regarding the authority of the Board with respect to addressing the safety issues of both the dryer vent cleaning project and the chimney cleaning project under the Kenthill Townhomes new revised Declarations and Bylaws, which were recently passed by the homeowners at the Annual Meeting in March 2006. The following are excerpts from the reply given by the Attorney:
"This is in response to your question regarding the cleaning of chimneys and dryer vents. Yes, the Association may enter units to perform any maintenance work to the chimneys and/or dryer vents. It can also assess the costs of such maintenance back to owners.
"Section 13.8 provides that the Association may designate certain objects or appliances in owners' apartments that pose a particular risk of damage to other apartments and/or common area as "High Risk Components."
"Section 13.8.2(a) states that the Board can require inspection of High Risk Components at a specified time.
"In the event the owner does not cooperate, section 13.8.4(a) states that the Association may enter an apartment and inspect, repair, maintain, or replace the High Risk Component and charge the cost back to the owner as a special assessment, fine the owner and/or sue the owner for injunctive relief.
"As for the portions of the dryer vents and chimneys that lie outside the apartments, owners are still responsible for their maintenance. Section 11.3.1 provides that "owners are responsible for maintenance, repair or replacement of any plumbing fixtures water heaters, fan, air conditioning, heating or other equipment, electrical fixtures or appliances which are located in his or her apartment, or which are for the sole and exclusive use of his or her apartment, whether located in the Apartment or in the Common or Limited Common Areas."
"Since the dryer vents and chimneys are not shared, owners are responsible for their maintenance and any work performed by the Association can be charged back to the owners.
"Please ensure that owners are given advance notice of the entry into their units to conduct the maintenance. The notice should include the date and approximate time of the entry. Let me know if you have any other questions."
