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The condenser (HVAC) on the roof of the 3-story townhouse went bad


This question is submitted by David C. out of California

The condenser (HVAC) on the roof of my 3-story townhouse went bad. To get a Mechanical Permit to change the condenser, the City required that the existing 31" Parapets have 11" Guardrails to meet the current CA Building Code requirement of 42". 

The roof is clearly Common Area and I could make a case based on the CC&Rs that the Condenser is Common Area (though I am the only user). The HOA feels that I should pay for the Guardrails as the replacement of the Condenser triggered the Guardrail requirement. 

My position is that the Parapets and Guardrails cannot possibly be considered anything but Common Area. The Guardrails are required by the current Building Code regardless of whether you change out a Condenser and it is the responsibility of the HOA to buy, install and maintain the Guardrails. Any advice?



meadosw v2

Answers (4)

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