Dear Timothy:

My apologies for the delay in this response. Since it has been so
long, there is no charge for my answer.

Question: The legal opinion that we seek is in regard to a
fire department inspection that was made of the Huntington. We have now
passed a fire department deadline for having an inspection done of fire
extinguishers at the Huntington. Our problem is that these extinguishers
are in private homes and not under our control, so we don't see how we
can comply with this order. Nor is it clear that we any legal
obligation.

We also will soon have to pay the city for the inspection, and again,
we think that this fee is questionable.

ANSWER: You are absolutely correct that Huntington is a
community of single family homes, and that the Association has no
ability or authority to mandate what the owners do within their homes.
Further, the Association does not have an automatic right of access to
the individual dwellings, which poses some challenges if you want to get
the Fire Department in to inspect the fire extinguishers.

Unfortunately, it has been my experience that the Fire
Department inspectors take the position that the Association is liable
for owner obligations regarding fire safety.

If the Association can give the Fire Department
inspector access to the extinguishers, the Board can move ahead with the
inspections, and pay the fee from the common funds, as "health, safety
and welfare."

If you need me to talk to the Fire Marshall or the Inspector, please
let me know.

Regards,
Ellen

Ellen Hirsch de Haan, J.D.
Becker & Poliakoff, P.A.
2401 West Bay Drive, Suite 414
Largo, FL 33770-1941
(727) 559-0588
Fax: (727) 581-4063
email: edehaan@becker-poliakoff.com