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    Issues with condo, need answers

    Issues with condo, need answers

    New postby SarahETu on Thu Jan 21, 2010 10:42 pm

    I live in Dallas, Tx and I am having some trouble finding answers to my questions. Currently waiting on a call back from Dallas Code Compliance.

    I own a 2 story condo, built in 1981, that is attached to 3 others, making a square, each condo sharing 2 common walls. I have the only attic access in the bunch.

    Recently my neighbor started chain smoking inside which is entering my condo through every opening I can find, causing me severe asthma attacks and constant wheezing. It's coming through both bathroom exhaust fans, over hood, attic access in my upstairs closet, and through every vent in my condo. We cannot turn on the heater/air conditioner because the amount of smoke is unbearable.

    When I opened up my furnace service door I found a giant hole in the common wall that seems like it came from a leak that no longer exists. I am assuming it happened with the previous owners and the leak was fixed but the drywall was never replaced. The smell coming from the hole is thick cigarette smoke. Also I can see my neighbors insulation and put my hand on her plumbing. I can hear her talking loud and clear when the service door is open. There are several other areas around the ductwork that are missing drywall. I think the firewall in the attic is also missing.

    I spoke with the HOA about the missing drywall and they said it was my problem. I was under the impression that since it's a common wall it was theirs. Also is it normal for me to see her insulation, plumbing and hear her talking so clearly? Why would the smoke be so thick between our condos? I understand leaky ductwork on my side maybe part of the problem so I have someone coming out to do a pressure test. Something just doesn't seem right here and the HOA is ignoring me, even though it's a major health issue. They said they can bring some expanding foam but that is all they are willing to do. I've asked for plans showing the ductwork setup but no one is responding.

    Thoughts? Thanks!

    Sarah
    SarahETu
     
    Posts: 2
    Joined: Thu Jan 21, 2010 10:20 pm

    Re: Issues with condo, need answers

    New postby Jerry Peck - Codeman on Thu Jan 21, 2010 11:17 pm

    Hi Sarah,

    SarahETu wrote:I own a 2 story condo, built in 1981,

    I spoke with the HOA about the missing drywall and they said it was my problem. I was under the impression that since it's a common wall it was theirs.


    First, it was built in 1981 when fire-resistance rated assemblies and separation walls were not well addressed in the codes., and smoke control was even less well addressed in the codes.

    The problem is the condo association as they own the structure and you only own the space within the structure. I am surprised that you have attic access as you should not (but then, it was built in 1981).

    Tell the association you are going to take that wall down as they said YOU are responsible for that wall, which means it is your wall ... after they stop screaming at you that you cannot take that wall down because it belongs to the association ... calmly thank them for admitting that and then request that THEY FIX THEIR WALL, which they just said was their wall.

    I recommend having a private inspector do an inspection on as much as they can see, I will try to get a couple of names of people I know in that area if you would like.
    Jerry Peck - CodeMan
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    Re: Issues with condo, need answers

    New postby SarahETu on Thu Jan 21, 2010 11:22 pm

    Yes that would be great! Thanks!
    SarahETu
     
    Posts: 2
    Joined: Thu Jan 21, 2010 10:20 pm


    Return to Fire-rated assemblies: Fire walls, fire partitions, smoke barriers, ceiling-floor, ceiling-attic; Separation of garages from dwelling unit; Separation between structure's exterior walls and property line



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