What Does the Carbon Monoxide Detector Bill Mean for Community Associations?
On March 24, 2009, Governor Ritter signed into law HB 1091. This bill was introduced in response to the tragic deaths of the Lofgren family resulting from carbon monoxide poisoning. As discussed in our January 14, 2009, and March 24, 2009 postings on HOA Legi-Slate, HB 1091 is a new law that outlines requirements for the installation and placement of carbon monoxide detectors in any single family dwelling or unit in a multi-family dwelling offered for sale or transfer. The law goes into effect on July 1, 2009.
What does this mean for community associations? In general, community associations are not directly impacted by the bill unless the association owns a lot or unit, as the bill requires the seller to install carbon monoxide detectors if offering a unit for sale/transfer. Associations may, however, be impacted post-installation. If the device is installed on the common elements, for example, most declarations require the condominium association to be responsible for maintaining, repairing and replacing the common elements and any improvements thereon, which would include the carbon monoxide detector. If, on the other hand, the device is installed on the unit, most likely the owner would be responsible for maintaining and inspecting the device.
Although the law does not go into effect until July 1, 2009, associations should be proactive in both educating the membership of the new law and being prepared for its potential impact on maintenance obligations. We recommend including a brief article in your next newsletter notifying the members of HB 1091 and providing resources for information and clarification, such as a link to HOA Legi-Slate. We also recommend adopting a policy that clarifies the owner vs. association obligations over the devices. For condominium and townhome associations in particular, the policy should clarify the boundaries of the unit, so it will be clear which portions of the detectors (if any) will lie on the common elements vs. the unit, and the associated maintenance obligations. With any type of community, the policy should make it clear that it is the owner's, and not the association's, responsibility to install the device.
Please contact HindmanSanchez if you wish to have our assistance in drafting a carbon monoxide detector policy. Because the law's impact will depend on the type of community, prices will vary. We can draft a condominium policy for $395, a townhome policy for $225, and a single family home policy for $175.