Question:
Dear Ken:
Been a reader and fan for many years. Continued success.
As to my question. An apartment alarm system was installed in every unit
of
a luxury building when it was built back in the early 80's. In addition to
burglary the system monitors emergency and fire signals from a smoke
detector installed as part of every system. At the time the building was
built this was not a code requirement, it was installed by the developer as
an amenity.
Over the years the system has been deteriorating because the manufacturer
stopped supporting the system due to the unavailability of parts. At this
point my guess is that approximately 20% of the apartment systems don't
work
which represents approximately 40 families.
We've informed the board and manager that based on actions taken by county
inspectors in similar buildings in the area that the county would most
likely require them to repair and/or replace the system. They've sought
second opinions from other people that disagree with us. We've suggested
they ask the only person whose opinion counts; the county fire marshal,
which they haven't done as yet.
My question is this; aside from whether they are required by code and the
local authority having jurisdiction in this area (South Florida) to
maintain
the system or not, is there a legal obligation on the part of the board to
at least notify residents that the system is failing and that they
shouldn't
rely on it and instead should contact outside alarm companies to obtain
similar equipment and monitoring services from.
It seems to me that at the very least residents should be notified not to
rely on this system. What's your opinion?
Regards
RG
Miami, Florida
Answer:
Dear Bob:
Your question requests a common law or common sense evaluation
since you ask that I not consider any local ordinance that may specifically
require notice. I also cannot consider what obligations are imposed on the
coop board, or the alarm monitoring or servicing company because I do not
have the by laws or contracts.
Having said that, I think this issue is closely related to the several
recent articles I sent out that addressed lawn signs, with no alarm, or
inoperable CCTV cameras. If the board and the alarm company are on notice
that the smoke detectors are not working, and would have reason to believe
that the resident may not have such knowledge, then I think it is incumbent
upon both the board to the alarm company to notify the resident. False
reliance on the device could result on liability for the party who knew
about the defect and failed to give notice. While a complete stranger to
the system, such as an exterminator or cleaning service, may have no
obligation to give notice, the board is in the position of landlord, and
the alarm company is presumably monitoring the system which includes the
device.
+++++++++++++++++++++
post script:
Ken, Part of my previous response was deleted accidentally which I
discovered after it was sent. Let me please restate the main point I
wanted to make. The smoke detectors are NOT monitored by us but by a
proprietary system located in the buildings management office. It was
installed as part ant parcel of the apartment alarm system to monitor
burglary, fire, and emergency signals from the individual apartment alarm
systems. I wanted to make this clear because in some units the smoke
detectors don't work however in some units they do work but it's
the monitoring equipment that doesn't receive the signals. Is it safe to
assume that either condition requires notification to the resident(s)?
++++++++++++
Additional answer:
Bob - But what is your involvement at this time? Just because you
installed way back when I don't see an obligation on your part to provide
notice -- unless it's during warranty- which I know it's not; If you
provide service then you are involved and could give notice. The board
should give notice.