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LisaS34 (California)
Posts: 5
Posted:
New management company has sent us a letter stating we have to take a fan out of our bedroom window.
It's only there sometimes, during the summer. My son uses it at night and doesnt always take it sown during the day. But we have been living here for 26 years, and only now is a box fan in a bedroom window a fine-able violation of the rules and regulations.

"Nothing on any property shall be exposed to view from the street or common area that would be considered and eyesore, either in the front yard or behind any fence. This includes, but is not limited to, airing or drying of laundry, clothing, household furnishings, equipment or other items deemed by the Board of Directors to be unsightly"

I looked thru our CC&R's, By Laws and the Rules and Regulations, no mention of a simple box fan anywhere. Seems like a personal opinion to me and I think they are overreaching.

I want to appeal to somebody's good sense at the next meeting, but experience tells me that wont suffice. Iam wondering if I need something more "official" to present in order to avoid paying the fine.. (yes, the kid put the fan back in the window and it was spotted and noted a second time, hense the monetary fine). Would love to get it noted and recorded that a fan in a bedroom window on hot summer days is not an eyesore!
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the Forum, Lisa.

"Nothing on any property shall be exposed to view from the street or common area that would be considered and eyesore...This includes, but is not limited to... equipment or other items deemed by the Board of Directors to be unsightly."

We have similar wording in our Rules and Regulations and it is the Board's decision about what's "unsightly." As a high rise, I'd say seeing box fans or other equipment in window openings would be unsightly. but others might not. So the board gets to decide.

I don't think you have much of a case. You might get away with having it there only when it's dark out & the room lights are off so it's not noticeable.
JenniferG12 (Texas)
Posts: 103
Posted:
You are out of luck on this one. All you can do is ask for a FAVOR on the fine, there is no way you are going to win the right to use that.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By LisaS34 on 09/26/2018 1:18 PM

"Nothing on any property shall be exposed to view from the street or common area that would be considered and eyesore, either in the front yard or behind any fence. This includes, but is not limited to,
airing or drying of laundry, clothing, household furnishings, equipment or other items deemed by the Board of Directors to be unsightly"


I don't have anything to add about the box fan, but CA is a right to dry state so the ban on clothes drying might not be legal.
https://blog.nolo.com/blog/2015/10/16/california-becomes-a-right-to-dry-state/

Escaped former treasurer and director of a self managed association.
TimM11
Posts: 354
Posted:
We have a specific rule in our HOA prohibiting window fans. I think the rule as written in your association is too broad, though. Especially if anyone else has something that could be interpreted as being in violation. By that wording, someone could be in violation for curtains that someone else thinks are ugly.
KerryL1 (California)
Posts: 14,550
Posted:
Off Lisa's topic, but so far as I know we still have our ban on clothes drying on condos HOAs' balconies, patios & decks..

I don't think Lisa has said if she's in a condo, townhome or what?
JenniferG12 (Texas)
Posts: 103
Posted:
Quote:
Posted By TimM11 on 09/26/2018 2:38 PM
We have a specific rule in our HOA prohibiting window fans. I think the rule as written in your association is too broad, though. Especially if anyone else has something that could be interpreted as being in violation. By that wording, someone could be in violation for curtains that someone else thinks are ugly.

Well, most places do specify certain colors of window treatments for the part that can be seen from outside, so 'ugly' doesn't come into the equation. It is broad, but it's common to be broad, and a box fan is not a wild interpretation of 'unsightly' similar to a/c units.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Jennifer--many HOAs, especially condos, limit window covering colors that can be seen form the exterior.
RoyalpitA
Posts: 195
Posted:
?..... paint the fan an approved color .....?
KerryL1 (California)
Posts: 14,550
Posted:
"Equipment" isn't permitted, RoyalP no matter what color.
KerryL1 (California)
Posts: 14,550
Posted:
"Equipment" isn't permitted, RoyalP no matter what color.
LisaS34 (California)
Posts: 5
Posted:
That's what I said!! .. Shouted actually, during the first few minutes after I read the letter and was waving around above my head!!
LisaS34 (California)
Posts: 5
Posted:
We live in a wonderful neighborhood! We really like it here and hope the current management company doesnt ruin it with their go get um attitude. We are 93 "Single Family Units in a Planned Community". We dont share any walls. Im just bugged because for the past 25 years the fan in the window has not ever been an issue. And even though we have had it in the window on occassion during summer months, our neighborhood has continued to have very little home owner turn over and the neighborhood is highly desireable, property values havent been affected by our fan... its hardly the definition of an eyesore. It's just so irritating.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA doesn't keep your home values. They are to keep your home ATTRACTIVE to potential buyers. A box fan in a window, isn't attractive. Unless it's there for construction purposes. I don't think a box fan in a window is a good idea. Plus what if it fell out?

Former HOA President
TimM11
Posts: 354
Posted:
Quote:
Posted By JenniferG12 on 09/26/2018 3:21 PM
Well, most places do specify certain colors of window treatments for the part that can be seen from outside, so 'ugly' doesn't come into the equation. It is broad, but it's common to be broad, and a box fan is not a wild interpretation of 'unsightly' similar to a/c units.

Then substitute something else for window treatments in this example. Although, I think that reinforces my point: the less ambiguity in rules, the better.
RoyalpitA
Posts: 195
Posted:
Quote:
Posted By RoyalpitA on 09/26/2018 7:31 PM
?..... paint the fan an approved color .....?

it was a time joke ... you will chuckle when you have the time


LisaS34 (California)
Posts: 5
Posted:
Quote:
Posted By MelissaP1 on 09/27/2018 4:29 AM
A HOA doesn't keep your home values. They are to keep your home ATTRACTIVE to potential buyers. A box fan in a window, isn't attractive. Unless it's there for construction purposes. I don't think a box fan in a window is a good idea. Plus what if it fell out?

If it fell out, it and the screen in front of it would land on the roof above our garage. My point is that it's been in the window from time to time (we don't store it there!) for twenty five years, and still, we are a very desirable neighborhood. It is not a nuisance and it doesn't keep any neighbors in the vicinity from enjoying their property. (our neighbors barking poodle on the other hand!! totally different story. smh.)
LisaS34 (California)
Posts: 5
Posted:
Quote:
Posted By TimM11 on 09/26/2018 2:38 PM
We have a specific rule in our HOA prohibiting window fans. I think the rule as written in your association is too broad, though. Especially if anyone else has something that could be interpreted as being in violation. By that wording, someone could be in violation for curtains that someone else thinks are ugly.

That's what I said!! .. Shouted actually, during the first few minutes after I read the letter and was waving it around above my head!!
TimM11
Posts: 354
Posted:
Yep, that's why we're very specific in my HOA about what people can and can't have visible. I'd challenge it if it were me in this situation, and I'd include examples of what other homeowners have visible (whether they are actually unsightly or not to you isn't the point; the idea is that anything could be unsightly to someone). If your HOA wants to prohibit window fans, let them put in the work to update their rules to say that.
BillH10 (Texas)
Posts: 1,217
Posted:
Lisa, I would caution you the management company act at the direction of the Board. They may have been told by the Board or a Architectural/Compliance committee to send you the initial letter. Your issue is ultimately with the Board as only they should have applied the fine.

You mentioned the management company is new. Do you have any insight into why the change was made from the previous company? Perhaps the previous company was not discharging its responsibilities to the satisfaction of the Board, including addressing compliance matters.

Following the standard advice that you become familiar with your association documents, I suggest you look for language which describes how you request a variance from whatever the rules are and make a request.
JenniferG12 (Texas)
Posts: 103
Posted:
Quote:
Posted By BillH10 on 09/27/2018 11:25 AM
Lisa, I would caution you the management company act at the direction of the Board. They may have been told by the Board or a Architectural/Compliance committee to send you the initial letter. Your issue is ultimately with the Board as only they should have applied the fine.

You mentioned the management company is new. Do you have any insight into why the change was made from the previous company? Perhaps the previous company was not discharging its responsibilities to the satisfaction of the Board, including addressing compliance matters.

Following the standard advice that you become familiar with your association documents, I suggest you look for language which describes how you request a variance from whatever the rules are and make a request.

All of this. It will go one of two ways when you bring it up to the board. Either they want the management company to start enforcing these things and you are out of luck except maybe a waiver of the fine as a favor, OR they will agree with you and tell the MC that is not something they want to worry over.

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