Is a firewall between 2 condo units a limited common element?

2 Replies

HOA Board member here. We are determining the responsibility, repair and maintenance of our firewalls. They are not specifically identified in the CCR's. Firewalls exist between all units and are a building code requirement.
We have discovered that one has been damaged and parts are missing when a new owner purchased the property - it was noted in the inspection at purchase. No one knows who did the damage or even which unit did the damage. Who should repair and pay the cost? One unit, both units or the HOA?

My understanding of a limited common element would be one that is shared by the HOA and one or more owners - but not ALL owners. So a wall between two units that doesn't touch any common area is probably a problem between the two unit owners. But if the wall is in a hallway commonly used by several units then the HOA is involved. Think of the wall like you would a fence... who benefits from that wall (fence) being in place?

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