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Can unit air conditioners units be a liability to condo associations?


stephen polinsky on Tue, Jul 30, 2013 @ 08:50 AM


60 comments

Our Condominium in Maryland was built 13 years ago. The a/c units are considered part of the Residential Unit and the responsibility of the owner. As such, the BOD requires an architectural change form to replace the units. The a/c units delivered with the units are not in production anymore, and there is no specific guidance in any of our governing documents or in our real estate documents stating the dimensions and regulations for new a/c units. Several years ago there was a struggle with the BOD president and an Owner over the size of his replacement a/c. (More personal between the two than anything). However, the issue was dropped, but no architectural guidelines were established. So, if the Board require that a form be submitted but no rules on what constitutes an acceptable a/c unit, what recourse do we have if the unit is too big, since we don't have a standard? Also, the a/c units are grouped (3-4 a/c units together, outside of certain ground Units Resident's bedroom window. Would the Board have liability if the a/c units obstruct their view or impeded their escape during an emergency? Also, what is a Resident can't remain in the home due to heat while we make our decision? Would we have to pay for their hotel? 

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