CHAPEL HILL WEST CONDOMINIUM TRUST
MANAGEMENT OFFICE
1550 WORCESTER ROAD l FRAMINGHAM, MA 01702 508-872-5847
IMPORTANT NOTICE TO ALL CHW UNIT OWNERS
In response to recent inquiries regarding the responsibility for the Whalen Units serving each individual unit and the maintenance thereof, the Board of Trustees, with advisement from the Associations’ attorneys, provide the following response, clarification and information for our owners.
Questions relating to this issue have come up over the years and always presented dilemmas. We believe that this information will help to clarify answers to the often repeated questions related to this area.
Resolution - Regarding Whalen Unit Responsibility and Clarification
Pursuant to Massachusetts General Laws c. 183A, §6(a)(ii), the Board of Trustees, after advisement by the Association’s attorneys, has adopted a resolution to provide that the heating and air conditioning units exclusively serving any individual Unit, together with all associated component parts(the “Whalen Unit”), shall be classified as part of the Unit to which it exclusively serves. As a result, each Unit Owner shall be responsible, at the Unit Owner’s cost and expense, for the proper care, maintenance, repair and replacement of the Whalen Unit serving his or her Unit.
Routine Maintenance
Notwithstanding the above, the Board has determined that the Association shall conduct routine maintenance (at least annually) of such Whalen Units including, but not limited to inspection, draining and sealing of drip pans, inspection and clearing of lines, and such other reasonable regular maintenance as the Association deems proper. Such routine maintenance of the Whalen Units shall be a common expense of the Association and the Board, or its agents, shall have access to the Units pursuant to the Condominium Documents in order to conduct the same. In no event, however, shall the Association be responsible for replacement of the Whalen Units or repairs for damage or defects to the same.
Management will continue to change the filters for the Whalen Units at the beginning of each heating/cooling season, at which time, they will also evaluate the apparent condition of these units and act accordingly or advise owners of any additional actions necessary.
Over →
As advised previously, owners should inspect the pan at the bottom of each unit, preferably monthly, during the cooling season but, at least once at the end of July.
Should you identify any water build-up within the pan greater than an eighth of an inch or if there are any signs of water outside the unit resulting from your unit or from the above owner’s unit, please call Management who will try to mitigate the damage and or advise the owner of additional actions needed. In any event, care must be taken not to damage the pan as this may result in the necessity to replace your Whalen Unit.
RESTATEMENT OF EXISTING INSURANCE RULES AND REGULATIONS
As a reminder, damage to a unit owner’s property and/or common areas resulting from actions of the unit owner is the responsibility of the unit owner. Accordingly, it is highly recommended that every unit owner have the necessary insurance to protect against such losses. Should such damages call into play the Master Policy of the Condominium and be in excess of the related deductible, the unit owner will be required to pay to the Association such deductible amount which currently is $5,000. Should the damage loss be less than the deductible, the unit owner or his/her insurance policy will be responsible for such amounts.
As an example:
· If the unit owner has their own insurance coverage and the loss is determined to be $7,000, then the unit owner would be responsible to pay their own deductible amount and then their insurance company would pay the balance.
· If the unit owner does not have insurance coverage and the loss is determined to be $7,000, and the Association’s Master Policy covers such damage, then the unit owner would be responsible to pay Chapel Hill West the $5,000 deductible amount and CHW insurance would pay the balance of $2,000.
· We suggest that you first contact your insurer who will then advise you as to the best action to take.
Thank you.
Chapel Hill West
Management
9/21/12