July 6, 2008

COMMERCIAL VEHICLES

QUESTION: I own a FedEx delivery van and park it in my driveway at night in a gated community. State and city laws say I can do this. My HOA says their rules trump city and state law. True or false?

 

ANSWER: True.
  

OLD PIPES

Dear Adrian: I am glad you submitted the articles on appliance flooding. It's a real problem that effects many condominium associations and drags on for months after it happens.

I am a building manager for 9 properties in Chicago and I have a lot of experience with this situation. In my case, most of the buildings I manage are "vintage" meaning they have old galvanized pipes (average 35 years before needing replacement) that are 80-100 years old. These buildings were never intended to have washing machines, garbage disposals, or dishwashers hooked up to their plumbing.

For example if you have a washing machine, a designated drain pipe is supposed to be run from the washer to the ground. Many people get their "handyman" to hook up their washer to drain down the same pipe their kitchen sink drains down. The unit owners on the floors right below often get the soapy suds in their kitchen sink when the neighbors above are doing their laundry. Having all the kitchen lines cleaned out by a licensed plumber annually or bi-annually helps keep the pipes clearer, however this is not the drain a washing machine is supposed to be hooked up to.

Some of my vintage buildings have banned the use of garbage disposals, dish washers, and washing machines. The problems that have crept in over the years have been with condominium conversions in buildings that used to be rental buildings. The new owners coming in grew up in single family homes in the suburbs where all the conveniences mentioned were part of everyday living. When the apartments get rehabbed, the new conveniences are installed without any consideration that the appliances are being hooked up to very old plumbing.

Before the eventual flood takes place, before the insurance claims begin, condominium boards need to take preventative steps to write and enforce Rules & Regulations about what homeowners are allowed to have in the first place. Inviting a knowledgeable licensed plumbing contractor to a meeting to inform boards about what their building's pipes can handle has been educational and helpful in making rules that are necessary to avoid future plumbing floods. -Marcia Grubb, Grubb Property Management, Inc.

COMMENT: Well said.

WASHING MACHINE
FINES AND LEGAL ACTION

QUESTION: I read with interest the last two Davis-Stirling newsletters about washing machine overflow. What if a homeowner installed a washing machine without a building permit or HOA approval? Our condo was built in 1954. Our Board would like to prohibit use of the illegally installed washing machine but the owner will not comply.

ANSWER: After a hearing, the board can levy daily fines against the owner until he removes the clothes washer. If he continues to ignore the association, you can go into court to have it removed. It is only a matter of time before the washing machine causes a flood. If the board does nothing and neighbors are damaged by a flood from the washer, the association could be sued for knowingly allowing the violation to continue.

Adrian Adams


  Very truly yours,
 
   Adrian Adams, Esq.
   Adams Kessler PLC

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