Condo Media - April 2023 - 37

solely within the unit. Once again, this
leads to the conclusion that the dryer
vents are " common area. " The fact
that so many variations of the relevant
language exist and that the differences
are sometimes subtle only serves to
underscore the importance of a careful
reading of the documents when one is
seeking to classify this particular item.
VENT CLEANING POLICIES
AND IMPLEMENTATION
Moving on, if the dryer vents are, in
fact, the responsibility of the association,
then the board can simply create
a policy for dryer vent cleaning and
implement that policy. Most associations
adopt a measure that involves
an annual cleaning. By developing a
relationship with a vendor that can
perform this task, associations can
achieve effi cient annual cleaning (because
the vendor is familiar with the
building) as well as attractive pricing
(because the vendor values the volume
of the work awarded).
Now, when the dryer vents are
determined to be the unit owner's
responsibility, the handling of routine
cleaning can be somewhat more diffi
cult. That said, virtually every set of
condominium documents requires a
unit owner to maintain their unit in
proper condition. A board can take
the position and adopt a policy that
maintaining a dryer vent in proper
condition means having it cleaned
annually. There is much support for
this position, including numerous
resources available through local fi re
departments and other fi re safety organizations.
Further, since dryer vent
cleaning is a matter of fi re safety,
there is a reasonable justifi cation for
a board to treat the issue seriously.
Where a board adopts a policy
requiring unit owners to undertake
annual cleaning, the board may also
want to require owners to provide
documentation of the completion of
this task on an annual basis. Although
this adds to the administrative burden
of the board, without this measure,
it would be virtually impossible for the
board to determine who has complied
with the requirement.
Further, since an association's
relationship with a vendor can result in
better pricing, increased convenience,
and improved effi ciency, a board may
wish to offer owners the ability to join
a cleaning program and use a common
vendor on an annual basis even where
the dryer vent is the responsibility
of the unit owner. Most owners will
appreciate the convenience that such
a program offers with respect to their
compliance with the board's policy on
the annual cleaning requirement.
To summarize, if an association is
seeking to tackle the question of dryer
vent cleaning, I recommend that the
process begin with a careful review
of the documents. If the vents are an
association responsibility, the board
can undertake cleaning pursuant to its
own policy. If the vents are a unit owner
responsibility, then the board may very
well want to adopt a policy with which
the unit owners must comply in order
to ensure the measure of fi re safety that
comes with clean dryer vents.
■ GARY M. DADDARIO, ESQ., CCAL
IS A PARTNER WITH THE LAW FIRM
MARCUS, ERRICO, EMMER &
BROOKS, P.C. AND A FELLOW OF
THE CAI COLLEGE OF COMMUNITY
ASSOCIATION LAWYERS (CCAL).
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April 2023 CONDOMEDIA 37
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