My association wants to create a resolution for water heaters. The home owner must change their unit after 10 years, regardless, & sign a waiver.

UPDATED: Jun 9, 2009

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My association wants to create a resolution for water heaters. The home owner must change their unit after 10 years, regardless, & sign a waiver.

The home owner must change there unit after 10yrs regardless if it is working or not and sign a waiver stating “I understand that the association is relying on their statements and representations so that it may refrain from requiring an inspection of the hot water heater in my unit and indemnify and hold the association harmless from any & all losses and associated costs incurred by the association as a result of any misrepresentation ot untruth in this affidavit. I also accept full financial responsibility for any losses, costs liab,exp or any other remuneration that may arise as a result of association reliance on this state”

Asked on June 9, 2009 under Real Estate Law, New Jersey


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Is your question whether you should do this? We cannot provide that direct advice to you because a) we don't serve as your legal counsel, b) have not seen the entire home owner association bylaws, and c) have not reviewed relevant case and statutory law.  As a homeowner, I can see the reason is probably not to damage common areas and other people's private homes (especially from multi level condos).

Contact a homeowner association real estate lawyer.  Try and check his or her record at the New Jersey State Bar.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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