AC units in window

our docs say NOTHING about window air conditioner units. So, if the docs say nothing about this particular issue, are you saying the BOD would or would not have authority to establish a rule?

I have my CC&R right here. I have an article on Architectural Control. Would it be here? I also have an article on Use Restrictions, could it be there?

The provision on BOD authority to make/enforce rules...completely...I'm thinking Article VII, Section 1, Provision A is all I need to know...I don't know...maybe there's no BOD authority to tell an owner what he/she can or can't do with the unit...

From my Bylaws:
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers The Board of Directors shall have power to:

(a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guest thereon, and to establish penalties for the infraction thereof;
(b) Suspend the voting rights of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed 60 days for infraction of published rules and regulations;
(c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-laws, the Articles of Incorporation or the Declaration;
(d) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.

Section 2. Duties It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-third (1/3) of the Class A members who are entitled to vote;
(b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; and
(2) Send written notice of each assessment to every Owner subject thereto at least thrity (30) days in advance of each annual assessment period; and
(3) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
(d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) Procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
(g) Cause the Common Area to be maintained.
(h) Cause the exterior of the residences to be maintained.

That's the Article (from Bylaws) I can find that deals with the BOD's authority to make rules. There's NOTHING in my CCR about BOD authority to make rules.

NPS, Correct me if I'm wrong but it looks like Section 1(A) only applies to the common areas.

If you can't find it in 1(a) (personally I can see it in there), then you can't exclude it from 1(c). Either way, the scope of authority is written so broadly, and there are enough interpretations of these or similar docs that recognize the significance of and right to control exterior appearance, that it's really a non-issue.

If the OP had included the section on the ACC, maybe we would have had more to go on.

the ACC has only the power granted by the covenant

the covenant has use restrictions and (maybe) wording about 'aesthetic value'

if not specifically (or inferentially) restricted the courts have held it permissible

? why would one want to restrict a neighbor's choice of HVAC equipment ?

? could one legally do so ?

ALL courts have ALWAYS ruled AGAINST any contract considered UNCONSIONABLE or VAGUE

The CC&Rs would likely require prior alproval for exterior cbanges. Typically putting something in place ofa window (which is how this is typically viesed as) is an exterior change.

Most associations adopt guidelines to guide and standardize the approval/disapproval process. Guidelines are not required. However if the are not adopted, then the approving authority will substitute personal tastes when making a decision.

We're a high rise condo and the restriction against window AC units is in our CC&Rs. It's in a section forbidding any exterior changes w/o ACC approval. It's in an area covering some basic architectural guidelines. These guideline give the Board authority to add further restrictions,

So, Steph, does your HOA have no ACC guidelines either within your CC&Rs or on a separate document?