Fire Retardant Roof Materials
As provided for in Civil Code § 4720, associations cannot put aesthetics over fire safety when it comes to roofs. Associations are prohibited from requiring owners to install or repair their roofs in a manner that violates Health & Safety Code § 13132.7.
Developments in very high fire severity zones must allow for at least one type of fire retardant roofing material that meets the requirements of the Health and Safety Code. Simply repairing a roof does not trigger the requirement for fire-retardant materials. However, replacement of more than 50% of a roof within a 1-year period requires the use of Class A or B materials for very high fire hazard zones and Class C for all other areas.
Recommendation: All associations should have their roofing requirements reviewed by an architect or roofing consultant to establish proper standards for their particular development. NOTE: Changes required by this statute are exempt from the 30-day member notice and comment period found in Civil Code § 4360.
Flat Roofs
Flat roofs are not actually flat; they have a low slope to them. They come in three basic designs:
1. Built-Up: Asphalt based; multiple layers bonded together with asphaltic adhesion. Can be installed using hot asphalt, cold adhesive or heat welded (torch). Surfaces available are: loose gravel, mineral cap or a coating. Systems vary from 2 to 4 plies, which affects the availability of a product warranty.
2. Single-Ply: Made of various chemical compounds including PVC, TPO, EPDM and others. These are a single layer of roof covering (as opposed to Built-Up). Within the generic types, many chemical variations are available, changing the performance of the single-ply roof covering. Some are more fire-resistant than others; a significant difference is those that sustain flame and those that do not. Many single-ply products are recommended for “ponded water conditions”. A great deal of caution should be given before acceptance, as ponded water has a weight factor and can create habitat for insects and plants on the roof.
3. Liquid Applied: The most common types are: Acrylic, Asphalt Emulsion and Spray Polyurethane Foam. They differ somewhat in application and in performance. Asphalt emulsion and Acrylic overlays require little maintenance but SPF needs more frequent inspections and must be re-coated before the foam is exposed to the weather.
Maintenance. Because of their low slope, flat roofs generally require more maintenance than steeply sloped roofs. Water runs off very quickly from high-pitched roofs and has little opportunity to penetrate the roof or damage the roofing materials. Flat roofs, on the other hand, must be “bathtub” watertight to resist water penetration while the roof is draining from a heavy rainfall. In addition, after a rainfall there will be pockets of standing water on the roof. Over time, standing water will break down roofing materials. As a result, flat roofs often have shorter lives and require more maintenance than pitched roofs.
Recommendation: Flat roofs should be inspected annually for any signs of damage and touched up as needed to keep them watertight. Article submitted by Carl Brown, General Manager of AWS Consultants Inc.
Skylights
QUESTION: Is the skylight in a condominium considered part of the roof? Is it an association repair or a homeowner repair?
ANSWER: It depends on who installed it and what your governing documents require.
Original Construction. If the skylight is part of the development's original construction, it is part of the common area roof and is the association's responsibility to repair and maintain unless your CC&Rs state otherwise. Sometimes CC&Rs specifically assign skylight maintenance to the unit owner.
Owner Addition. If the skylight was installed without association approval, the owner could be forced to remove it. If an owner installed the skylight with association approval, typically the owner agrees to repair and maintain the skylight. Where this becomes a problem is with subsequent owners when it starts leaking. The subsequent owner will argue that he did not install the skylight and will point to the CC&Rs that the association is responsible for maintaining the roofs.
Covenant to Maintain. To avoid disputes related to owner-installed skylights, we record a covenant signed by the owner at the time the skylight is installed. The covenant makes the owner and all subsequent owners responsible for repairing and maintaining the skylight. If the owner refuses to sign the covenant, installation of the skylight is not approved.
Common Bidding Mistakes
See "Bidding Policy."
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