CAN MY HOA MAKE ME REMOVE WINDOW A/C UNITS WHEN I HAVE NO CENTRAL AIR?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption