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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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