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My HOA & Prop Mgmt refuses to wait until Spring to replace a steam boiler and are insisting they will proceed when the equipment arrives (mid Nov to early Dec). Boiler is still currently running fine and the boiler they replaced in another building took them a month. I fear going without heat for 1 month in dead of winter, risk of pipes freezing or electrical fires from neighbors using space heaters incorrectly. And where does the liability lay if anything were to happen because they shut down a perfectly operational boiler? I don't want them shifting responsibility back to me and my Insurance.
Nov 11, 2024
HOA Litigation
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

In Colorado, your HOA and Property Management company are legally obligated to maintain the property in a manner that does not unnecessarily endanger residents or disrupt essential services. In your case, if the HOA and property manager insist on replacing a functioning steam boiler during the colder months, they may risk exposing residents to significant hazards, such as frozen pipes or safety issues. On the other hand, they may perceive a risk of the unit failing or other damage occurring if they do not replace the boiler.

To protect yourself, document your concerns in writing and formally communicate them to the HOA and property manager. Explain the risks involved and request a delay until spring when the replacement can be safely managed. Ultimately, however, if the boiler is their property and responsibility they can proceed unless you sought and obtained an injunction. If they proceed without adequately addressing your concerns and damages occur, such as frozen pipes, liability is likely to rest with the HOA or Property Management, not with you. This is particularly true if they failed to act reasonably to mitigate foreseeable harm.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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