Do I have to remove my windowA/C units if the condo’s rules and regulations don’t clearly state that they aren’t allowed?
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Do I have to remove my windowA/C units if the condo’s rules and regulations don’t clearly state that they aren’t allowed?
The rules given to me read: “9. Structural changes or alterations to the apartment require prior written approval from the Board. The Board reserves the right to order re-certification of all structural changes or alterations made without said approval.” and “15. Windows shall be kept clean and any covering of the interior surfaces, other than drapes or shades, which are visible to the exterior (tinting or dark reflectors may be used), must be approved by the Board of Directors.” Are these rules clear enough to justify having me remove my A/C units? Do I have any rights in the matter?
Asked on February 7, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Thank you for taking the time to write the sections here that the condo board is pointing to to give an idea of the goings on. But really someone needs to read the appropriate documents in their entirety. From the paragraphs that you have written here it does not appear that the air conditioning units would apply. They do not necessarily fall under a "structural change or alteration" as I would think, but again, you need someone who is familiar with these situations in your area. Be prepared, though, that even if you win this round the condo board could indeed rally and change the rules to be more specific. Anticipate that as well. Good luck.
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