Air Conditioner in window

Can a Board tell a homeowner to remove a AC unit that they placed in their window. Nobody else in the community has an AC unit in their windows because we all have Central air. Our policy regarding architectural controls states.

Conditions (Article VII).

(1) Improvements (Section I). In order to preserve the harmony of external design and location in relation to surrounding structures and topography, no building, fence, sidewalk, or other structure shall be erected, placed, or altered on any portion of the properties, and no alteration of the plans, or exterior appearance of the townhouses shall be made without prior written consent of the Board of Directors of the Association or of an Architectural Control Committee composed of three or more representatives appointed by the Board. The Board , or its designated committee, may bas refusal or approval of plans, location of specifications upon any ground including purely aesthetic considerations, which, in the discretion of the Board or its designated committee, shall see sufficient. In the event the , or its designated committee, fails to approve or disapprove such design and its location within sixty days after plans and specifications have been submitted to, approval will not be required.

It does not state that they can not have a AC Unit so can they? This person never submitted a request to have it, they just put it in the window. When the board asked them to remove it they claim that they need it because they are a brittle diabetic. The board request a letter from there doctor stating they need a AC unit in their window. It took them over 4 months to provide a response from a doctor. Their wrote on a prescription pad which was scanned and emailed to us just saying to allow them to have AC. But, they have central air in their home. Maybe they need to get it fixed or change their windows to more efficient ones. Can we assess them for not taking the unit out of the window? It looks horrible and nobody else does except them and we are afraid others with follow suit.

Stephanie,

Isn't this the same issue as your earlier thread, simply being asked a different way?

As I, and many others, posted in the other thread, and as the section you cited states, prior approval is required for exterior changes. A window unit would certainly alter the exterior appearance of the townhouse, which, per your citation, prior approval would be required.

To answer the question you posed in this thread: "Can a Board tell a homeowner to remove a AC unit that they placed in their window?" The answer would be YES, unless they submitted a request and received prior approval before installing the unit.

However, with the additional details you provided - it appears that there is a medical reason for the need for air conditioning. The the Fair Housing Act, reasonable accommodations must be allowed. Thus, the question becomes - what would be reasonable accommodating.

Do they have a working central air conditioning? If they do, an argument could be made that a window unit wouldn't need to be used. If they do not, then a window unit would certainly be accommodating.

The Board may want to run this issue by the Associations attorney for a legal opinion on how to proceed.
The questions to ask should include what would the costs be to win and what would the costs be if the Association loses if the Association wants to take the position that having central air conditioning is enough of an accommodation.

Note: Even if you have to provide reasonable accommodation - the Association should send a letter stating that the accommodation is being made but any exterior change must be completely removed when the need is no longer required.

Our Covenants say:

Air-Conditioning Units. No window a/c units may be installed except as may be permitted by the ACC, but in no event shall a window a/c unit be installed in any dwelling so as to be visible from the front of any lot or any adjoining street.

As each home has its own central a/c system. I doubt no matter how many "doctor letters" we received, would we ever allow such.

unlikely - especially if board takes no action to remove AC.

A reasonable accommodation does not mean they can do anything that they want. If the AC is medically necessary, it seems to me that a reasonable accommodation is an interior room AC with only the small vents showing in the window. Nothing would be hanging out beyond the wall. The impact on exterior appearance would be small.

If the home has central AC, why, if the ACC said no window unit would they be violating Fair Housing and ADA? Why would the esthetics of the HOA be tossed aside when the HO already has at his fingertips just what the DR prescribed?

I believe that 99% of the topics discussed here could be classified in such a way as you have implied. It's the nature of the beast. Having said that, I don't believe that anyone here wants anyone else to suffer any more than they do with said disability.

If the HO is not financially able to use his HVAC as intended, then that is on the HO. It cannot fall on the rest of the HOA to accommodate those needs any further.

I agree with JohnB, this situation involves a health issue and in court all surrounding facts will be considered, federal laws, doctors notes and the financial ability of the person requesting permission. Some times we just need to be reasonable in situations like this.

Old thread resurrected for spam

While some of the advise here is good I think this is a case that you really should consult an attorney or at least the Department of Housing and Urban Development. I believe each state has an office and they should be able to give you advice.