Can My HOA tell me to take out my Swamp Cooler?

Started by JoeB9 • 10 replies • 3260 views

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JoeB9 (Nevada)
Posts: 1

Posted:

I live in a Condo Unit and installed a Swamp Cooler that recycles the water. My HOA gave us a $100 fine stating that we need to take our Swamp Cooler out and also mentioned that we were wasting water (which we are not). What are my legal rights in nevada. Also I want to mention about a Doghouse that they want us to take out too which is in our backyard. Is that even right? Thank you

BarbaraD6 (Florida)
Posts: 347

Posted:

Joe,

You need to tell us what your documents state about these issues.

Barbara

RogerB (Colorado)
Posts: 5,067

Posted:

Joe, Unless the Covenants provide otherwise a condo owner only owns the air space inside their unit.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Typically in a condo you can't add things outside your unit, like swamp coolers or central air conditioning units, dog houses, without permission from the association. Most assoctions never grant this.

So yes, they can make you remove it.

If you want to add these things outside your unit, then condo life probably isn't for you. You need a house and your own property.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Sounds like you've reached a point in home ownership where a single family dwelling will serve you best. Nothing against the condos, but they offer restricted property freedom for more hands-off property management and continuity.

Yep, your additions will have to go away but it seems you're ready for another step in property ownership.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kelly,

Depending upon where he wanted to put the swamp cooler, he may still need approval of the A/C Committee even if he lives in a single family home. Rule of thumb: when in doubt, always ask first!

GloriaM (North Carolina)
Posts: 829

Posted:

I am with Mary on this; when in doubt, fill one out. An ARC form should always be filled out BEFORE any exterior project. Get approval first.

LetA (Nevada)
Posts: 2,679

Posted:

In Nevada, especially Las Vegas Air Conditioning is an important element to home comfort. I doubt little to anything an HOA can do to prohibit it's use, but they may be able to place limits on where in can be installed.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This sounds more like a permissions issue overall. Doesn't sound like you ask for permission before installing the unit. If you had, then the HOA would then understand more about what you installed. Right now you put in a modification that appears to them to be wasteful of water. I don't know how your HOA/Condo is piped to know how it factors in. Does the HOA pay for water?

I mean you may be recycling water but if it's in shared piping then maybe not so much as you think. Plus the documents may allow for fines because you added the swamp cooler unit without approval/knowledge. Hence it may be approved and allowed but only if they had been consulted first. There may be a reason they do not allow them or maybe a certain type/brand.

This is an asking for forgiveness thing than can they remove it?

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

This is an old thread re-activated by a spammer. I reported it and the moderators have removed the spam post.

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