HOA TAKING OWNER TO COURT IN S. C. FOR PTAC UNIT IN WINDOW

In May, 2016, we received a complaint from one of the homeowners in a small townhouse community that her neighbor put a window unit air conditioner in the living room window. We inspected and it is a Packaged Terminal unit (like a motel heat/air system) installed in the end window of the living room. We sent a certified letter, got 2 responses from the owners, who would not remove it. Our By-Laws say we can remove it, but he threatened us with "trespass."

Due to financial reasons, we could not hire an attorney, so 9 months later, we hired one, sent another letter to comply and got a letter from their attorney.

Now, we are headed to court and the new "amended answer" to our complaint basically is saying the following:

1. The PTAC system did not alter or modify the exterior of the building.
2. The HOA has not consistently enforce the Covenants, By-Laws, etc.

Any advice to win this one?

It's becoming a lot of work for us to put together records, letters, pictures, etc.

Thanks!

New Member
Sandy