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Condo board member holds association ransom over loud A/C unit

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We have a condo association board member who owns a unit on the top floor of the building. The A/C units for everyone's unit are on the roof. She is stating that our A/C unit is causing her to lose sleep when it is left on by our commercial tenant. (The building houses 14 residences and 4 commercial units).

condo board We have requested that our very large unit be divided into 2 units and the condo board and the attorney suggested we divide into 1- commercial unit and 1 residential unit in order to help everyone out in the building since no one is able to refinance due to the Commerical vs. residential ratio. We agreed and have already paid the Attorney (6 months ago) to move forward. The Decision to do this has to be unanimous with the Building owners. The Board member with the A/C unit over her head said she won't agree until we move the unit off of the roof and until she is able to sleep nights without any noise in her unit. We have been to her unit and there is noise from all units not just ours but we have offered to move the unit to the outside wall but cannot guarantee total silence in her unit. She has stated she will hold back her vote until she has total silence which is preventing us from moving forward. (She had an issue with our daughter regarding the A/C unit 2 years ago and she threatened to throw a wrench into the unit to destroy it and our daughter filed a police report - of course this was prior to her being a board member) We think this is the reason for her holding back her vote. She has also threatened to impose fines of $100 per day until the noise stops from the A/C unit. Isn't she being unreasonable to say the very least? What are our rights when a Board Member "throws their weight around" to the detriment of a paying condo owner?


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Comments

Were the AC units on the roof when she purchased her unit?
Posted @ Friday, July 09, 2010 1:25 PM by Crystal W
There is no one in their right mind living in a multifamily unit that can have an expectation of total silence. 
 
Our property is multifamily, but it also is concrete. Even then, however, there are times when you can hear sounds (every once in a while I can hear the faint wail of a dog from a next-door neighbor). 
 
There are expectations that you will hear noise. Otherwise, as I have explained to residents in the past, they need to move into a single-family house in the middle of an open field.  
 
In terms of the A/C unit, it sounds like the board has offered a strong mitigation plan by offering to move it (especially since I'm sure the a/c unit was there when she moved in, right?). There is no way anyone can guarantee absolute silence, and no one living in a unit should ask for it. There should be reasonable attempts to provide peaceful nights, but demanding absolute silence is not reasonable, or even possible. 
 
I am not sure the structure of your board, if you have to have a unanimous vote for the change, or if she is getting other votes with hers. However, it might be worth communicating in some way with other residents there that you are for this change that could help all of them, but this particular person is using their position on the board to get what they want. 
 
That is one thing that I don't like about some people who run and get elected to boards. I understand that they usually have a personal issue they want to get addressed, but they should never abuse the power of their board seat to do it. In my community, that would be grounds for me pushing for a board member's removal.
Posted @ Friday, July 09, 2010 2:15 PM by Michael H
Quiet enjoyment -- a phrase usually 
 
found in association docs, is a gold mine for lawyers and litigious 
 
owners and boards. There are ways to isolate the vibrations of a/c units and muffle their noise - albeit challenging and expensive. 
 
As a top floor dweller who lives with the noise of a/c units (and a board of hearing-aid wear-ers), I sympathize with the board member and applaud her using her position to force the issue. Current compressor/condensor units are far quieter and better insulated than they were. Sorry, no sympathy.
Posted @ Saturday, July 10, 2010 6:42 AM by Jeff
Jeff, I'm glad you're not on any board around me ... anyone who would ABUSE their position for their own personal gain should never be on a board. 
 
You are NOT ON A BOARD TO ENRICH YOURSELF. You are on a board to represent ALL THE MEMBERS OF YOUR COMMUNITY, not your own personal crusade. 
 
This is why HOA boards get a bad name, because of people like you and the a/c lady.
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