(The following article was originally published in The Daily Record, Baltimore, MD, another Dolan Media publication.)
After Garfink had the venting system rerouted - without consulting the Council of Unit Owners - it wound up blowing steam in the direction of her neighbor's front door, and he complained to the council.Whether your home is in the rural area or right in the middle of downtown, installing preventive measures are important to keep you safe. Smoking near flammable materials, using alternative heat resources without caution and proper guidance and even the use of poorly maintained
dryer vent can all start a fire.Maintenance easement appliesIn 2003, the council requested a court order for removal of the vent. Baltimore County Circuit Judge Mickey J. Norman granted the request and, in an unreported opinion, the Court of Special Appeals affirmed.While the Court of Special Appeals held that traditional easement law does not apply to condominiums, the top court held that it does since, according to precedent and The Cloisters' own declaration, each unit has all the incidents of real property. The declaration also granted an easement so each unit owner could maintain and repair structures such as ducts, wiring and vents, Cathell pointed out.He wrote that, had the builder properly constructed an exterior vent in 1991, Garfink would have been allowed access to the common area in order to repair or maintain it.It was reasonable for [Garfink] to remedy the hazard created by the improper original construction of the dryer exhaust system, Cathell wrote. In order to reasonably enjoy the grant of the easement, [Garfink] was entitled to install an exterior dryer exhaust vent.The majority also took issue with the council's suggestions for alternate locations for the vent, two of which it says are very close to where it is now and would make no difference, one of which would violate code, and one of which would entail remodeling Garfink's home.In his dissent, Wilner wrote that he has a solution.He wrote that he also would have reversed the Court of Special Appeals' ruling favoring the condominium council, but that he would have sent the case back to the circuit court with instructions to have the two parties introduce into evidence the floor plans for the other units showing where their dryers are vented. That way, they could figure out where the vent should be and whether the parties are negotiating in good faith.Carbine said the case will have lasting impact in that it reaffirmed that easement law applies to condominiums, but that it won't have a great an effect as the dissenters feel it will. Only if a builder installs a dryer but no exterior vent, or a furnace but no chimney, will the Garfink case be applicable, he said.The court was very clear that it stops there, that somebody can't use the repair exception - to put a plastic Santa Claus up on your roof, he said.The attorney for the condominium council, though, said the ruling opens up a Pandora's box.In 2003, the council requested a court order for removal of the vent. Baltimore County Circuit Judge Mickey J. Norman granted the request and, in an unreported opinion, the Court of Special Appeals affirmed.After your home has been cleaned and your items sent to restoration companies, you must also have it checked for structural damage so repairs or replacement can be undertaken as soon as possible.The agency can recommend professional cleanup and restoration companies to help you deal with fire damage Michigan. It may take a while to totally recover from the disaster but with expert assistance, you can safely tackle problems confidently.The court was very clear that it stops there, that somebody can't use the repair exception . . . to put a plastic Santa Claus up on your roof, he said.It was reasonable for [Garfink] to remedy the hazard created by the improper original construction of the dryer exhaust system, Cathell wrote. In order to reasonably enjoy the grant of the easement, [Garfink] was entitled to install an exterior dryer exhaust vent.Caution against fire damage Michigan though is not only confined to residential and recreational areas near the forests but also in cities as well. Fires after all can start anywhere at any time. Carelessness is one of most common reasons for it so the awareness campaign in Michigan regarding this disaster remains aggressive.Last week, the state's top court decreed that Garfink did not need the council's approval to reroute the vent, and that she may leave it where it is.The Baltimore County woman has been embroiled in litigation with the Council of Unit Owners at her condominium complex since 2000, when she rerouted the venting system for her dryer from the furnace room, where the builder had mistakenly installed it, to the outside of the house.A fire alarm and sprinkling system is necessary as your first defense against fire disaster. Fire extinguishers will do as long as they're placed in strategic locations and in proper working condition. It is important too that the occupants of the home or buildings know what to do in case of fire. Escape routes must also be established and residents must be aware of it.The majority also took issue with the council's suggestions for alternate locations for the vent, two of which it says are very close to where it is now and would make no difference, one of which would violate code, and one of which would entail remodeling Garfink's home.He said he will ask the court to reconsider.He wrote that he also would have reversed the Court of Special Appeals' ruling favoring the condominium council, but that he would have sent the case back to the circuit court with instructions to have the two parties introduce into evidence the floor plans for the other units showing where their dryers are vented. That way, they could figure out where the vent should be and whether the parties are negotiating in good faith.Since Michigan has its forests as one of its main attractions, more residents are settling in within its confines to escape the overcrowded cities while visitors find the recreational activities available in these areas enticing thereby increasing risk of wildfire.Garfink's attorney, James E. Carbine, said his client is extraordinarily relieved.It is obvious that the intention of the drafters of the easement was that in the circumstances described in the easement, the unit owners would have the automatic right to maintain necessary and required venting and ducts without the permission of the Board, Judge Dale R. Cathell wrote for a 4-3 majority. We believe that in the unusual circumstances of this case, the situation is the functional equivalent of maintenance necessary for the reasonable and safe operation of the dryer. Our holding is limited, however, to the particular situation here extant.He wrote that, had the builder properly constructed an exterior vent in 1991, Garfink would have been allowed access to the common area in order to repair or maintain it.
The court was very clear that it stops there, that somebody can't use the repair exception . . . to put a plastic Santa Claus up on your roof, he said.
Author: Caryn Tamber