HOA regulations supersede city rules??

I live in a townhouse community in City of Cypress, California. My wife and I would like to install a Central A/C but by city rules that pretty much rules out the A/C installation plan because city allows A/C condenser only in the backyard or anywhere else at least 10 feet away from neighbor's nearest window. HOA rules out condenser on the roof top and only allows in the patio area near the front door where is less than 10 feet away from neighbor's window. We don't have a backyard. HOA told me that HOA rules supersede city rules in this case we therefore can put the condenser in the patio.

What do you think? Are HOA rules supersede city rules?

Appreciate your educated opinion.

John

There are some A/C options out there that may fit your issue. Smaller units without the big condensers. Mitsibishi makes one. A neighbor of mine is going to do those instead of central air. You can see an example at the "This Old House" website. They just did one in a garage area on a recent episode of "Ask This Old House". You may find the smaller type a/c units better for your needs than a whole central unit.

As for the HOA rules, they can't' violate or supercede your city, state, or federal laws. You may just find an issue with a reputable licensed installer who knows the law. It's their license on the line if they install and it's not up to code.

Mike, when your trying to be helpful you should look at all sides of the issue and be more verbose in your answer. Otherwise the advice given may be misinterpreted, which can cause the OP more issues.

It's possible that the individual who told you this information may have misunderstood (or was using wrong terminology) and was actually referring to the fact that HOA rules may be more restrictive. When the rules are more restrictive it can appear that the rules are superseding the city/county codes. In reality, being more restrictive has you complying with both (as exampled in my earlier post).

Take a look how others have installed their A/C and ask for the same variance.

BOTH sets of rules govern. That is: if the HOA says not on the roof, and the city says not on the patio, it can be neither on the patio nor the roof.

However in both cases you can ask for either a variance (city rules) or the equivalent (an exception to the HOA rules).

You are not guaranteed either. However if you lay out the facts, and take other steps (like choose an extra-low-noise unit) your chances will be better.