CAN MY HOA MAKE ME REMOVE WINDOW A/C UNITS WHEN I HAVE NO CENTRAL AIR?
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CAN MY HOA MAKE ME REMOVE WINDOW A/C UNITS WHEN I HAVE NO CENTRAL AIR?
FOR YEARS I HAVE PUT THEM UP IN SUMMER AND REMOVED IN FALL. IT WAS NEVER A PROBLEM UNTIL LAST YEAR. I THEN WROTE 2 LETTERS OF EXPLANATION AND’ FILLED OUT PROPER PAPERWORK. THEY SAY I MUST REMOVE THEM. DO I HAVE ANY RECOURSE? MY HOUSE GETS SO HOT ITS UNHEALTHY. THE UNITS ARE IN MY CHILDREN’S ROOMS AS THEY GET THE HEAT MOST OF THE DAY. WHAT AGENCY SHOULD I CONTACT?
Asked on July 15, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The first thing to look at it is, what do the HOA agreements or rules state? If they say there can be no window A/C units, or give the HOA board authority to promulgate or put rules about air conditioners or what can be placed in your windows, etc.?
HOAs have whatever authority their operating agreements and agreements with homeowners provide. If the HOA has the legal authority under the documents govering it, it can probably do this; if it doesn't, the HOA cannot arbitrarily make up new rules. If in doubt, you should consult with a real estate attorney with experience in HOAs to help you understand the limits of its authority. Good luck.
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