Should HOA cover stolen air conditioning unit? With-holding dues until repair?

Just a follow up, this is not a window air condition unit. This is one that rests on a pad outside. It only services my unit.

Your outside unit is your responsibility. A police report should have been made and a claim to your homeowner's insurance made. The HOA has NOTHING to do with this and their insurance is not designated to cover such items. The HOA's insurance is to protect the board members and some common elements under their responsibility that your dues go for covering.

The unit outside your townhouse is called a "condenser unit" and is supposed to sit outside of your building to do it's job. You can't have one of these things inside your building/structure. It is to vent to the outside and take in air from the outside to operate your heating/cooling system. It's just an element of your heating/cooling system that operates on the outside but is still part of the internal operations.

Bad idea to withold dues out of any kind of "protest". It solves nothing but put you at financial risk NOT the HOA. A HOA is only funded by it's members for it's members. How do you expect them to pay for your demand if your not funding the pot?

JZ1,

As others have said, withholding your dues is the wrong move. Remember the old saying: two wrongs don't make a right.

Also, you are assuming that the HOA is somehow responsible for your A/C unit. They certainly are not responsible for stealing it, and they are not responsible for repairing it or replacing it either. If it failed and needed repair or replacement, who would pay for it? You would! So, it is also your responsibility to repair or replace it if it is stolen.

Chances are, if you read your documents, somewhere therein is a description of what comprises a unit. Most likely you will find that the A/C unit is part of your unit (home) and is not a common element. Of course the A/C unit was there when you bought your home; just as the furnace or heating unit was there, the sinks were there, the tubs and showers were there, and everything else that comprises your unit was there. The mere fact that the A/C unit is located outside your home does not make it common property and HOA responsibility. It is still part of your unit (read your documents) and is your responsibility.

You should have reported the theft to the police and filed a claim with your insurance company last summer when the theft happened. Whatever on earth were you thinking? If your insurance company thinks the A/C unit is association responsibility, they'll tell you so.

You might also want to read your mortgage contract. Some mortgage companies include a "condominium rider" in their mortgage contracts that states that if the borrower does not pay their association dues the lender has the right to pay the dues and make the dues they pay part of the outstanding loan balance. Some can also declare the loan in default and foreclose.

Withholding dues can lead to financial and legal trouble and will never force an HOA to do anything; never has; never will.

1. Do NOT withold dues, especially for a case like this where the HOA is almost certainly not responsible.

2. Your documents will clearly define who is responsible for what. My AC unit sits on common area, it is my responsibility to maintain/repair, and this is clearly defined in the documents.