The Importance of Party Walls When Buying a Condominium

      Due to the increasing property values of California, some families consider renting apartment units or buying condominiums rather than purchasing detached, single family homes. Most families who opt to live in apartments and condominiums are concerned with safety, privacy, and the amount of noise that they may have to deal with when living so close to their neighbors. This is especially true in the case of condominiums because families tend to stay longer as they have made a huge investment in the unit. Unlike having a lease for an apartment, if your condominium turns out to be surrounded by noisy neighbors, you are pretty much stuck with them. Thus, an important consideration when purchasing a condominium are the "party walls."
      Party walls are walls which separate individual living units from one another. These walls prevent the spread of fire, and reduce the sound transmission between the units. Typically, party walls have a "double-wall" construction that creates an air gap between the units to prevent the passage of sound. Party walls should also have additional fireproofing materials to prevent the spread of fire between living units.
      Typically, party walls should have what is known in the construction industry as a "2-Hour" rating. These walls have two layers of gypsum board on each side of the wall as opposed to the usual one layer of gypsum board. Inside the wall itself there should be "fire stopping," insulation, and a double-wall frame. Party walls are required to have "draftstops" in the attic areas and "fire-blocking." These devices slow the travel of fire and smoke through vertical and horizontal concealed spaces. Moreover, penetrations through the walls or ceilings for electrical items and plumbing should be properly sealed to prevent the spread of fire if one were to occur.
      Unfortunately, because of the time pressures involved in putting up condominiums, there are some builders who skimp on the construction of party walls. This is an especially attractive area to take short cuts in because it is impossible for the average home-buyer to tell what is behind the gypsum board. Indeed, the walls will probably look great from the outside.
      One common problem is the failure to install gypsum board at concealed locations such as behind and below bathtubs, and other similar fixtures. Another short cut is to not install "wrap-backs" or "firestops." Sometimes these devices may not be missing altogether but they may have been installed with gaps or holes, leading to less fire protection. These sorts of defects can be dangerous. If a fire were to occur in the complex, it can spread rapidly from unit to unit instead of being properly contained. Another problem which may be less dangerous, but extremely annoying to the unit owner, is excessive noise penetration from the neighboring units.
      Families who are considering buying a condominium should be cautious before making that big purchase. While it is difficult for buyers to assess whether their unit's party walls were properly constructed or not, when buying such a unit one should look at the unit's plans, question the homeowners association, or question the builder/developer if that is the person selling the unit.
      If you are a family who already owns a condominium but suspects that it has not been properly constructed (either because of excessive noise or for other reasons), then it may pay to have your homeowners association hire a licensed contractor to inspect it. If it was improperly built, then your homeowners association may wish to take remedial actions to repair the wall. Luckily, usually such repairs are fairly simple. For example, attic access usually allows for repairs to be made to any fireblocks, draft-stops or wrap-backs. Sometimes a contractor can pump extra insulation material into the wall to achieve the same preventative protection needed rather than have to take the whole wall apart.
      In any event, the party walls are a very important part of any condominium unit and special attention should be paid to them before purchasing the unit and after moving in.

Disclaimer- These materials prepared by Shinnick & Ryan LLP are for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.  [Full Disclaimer]

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