Install HVAC in crawl space

I want to install AC in the crawl space under my unit. I will get a permit (if possible, or give up). My board says no.

In cc&r's, it says:

HVAC system, including equipment and
ducting that serves only one unit Homeowner

Plumbing supply lines, gas lines and waste lines located
within building footprint which serve only one unit Homeowner

Electrical supply lines within building
footprint which serve only one unit Homeowner

All elements of building structure, building
envelope waterproofing and exterior cladding and trim Association

Can they prevent me from improving the crawl space at my expense? Can they prevent me from installing an HVAC with city permit?

Why would you do that??? Worst place I can think of is putting a HVAC system in a crawl space. Are you trying to add to the existing system? There are better systems out there than this. Many homes are now converting over to those type of systems. They have the unit on the wall toward the ceiling. The condenser unit sits outside. It's for more individual rooms like garages or single rooms. It is taking over some Central systems now a days because you have more control between room to room. It's become a less expensive option.

Like SheliaH, I too would be looking for more in the Declaration.

Does the Declaration have a definition of "footprint"?

Are their units above your unit?

Who is responsible for maintenance of the crawl space: You or the Association?

Also: I appreciate TimB4's links and would be reading them.

Really appreciate the quick replies! Will try to be more clear.

KerryL1: (also see SheliaH). The HVAC is partially installed in the crawlspace, no AC power and not evacuated. Two of the board members knew what I was doing and were ok with it. Found out at last minute that there were objections (and it would be difficult to get a permit-able system). There is one unit above me and two parallel units on one side (but no common plumbing or power with mine).

Per the Repair/Maintenance Matrix, I'm assuming I am responsible for everything in the crawlspace except common plumbing and gas lines. Didn't used to be that way, so maybe I'm missing something.

In the Architectural Control section is says:

(a) Any alteration, improvement or change to the exterior of a Unit or alteration,
improvement or change to an Exclusive Use Common Area as provided in this
Declaration or which serves only a single condominium unit anywhere on the Property
(including any Common Area) or any interior improvement that may impact structural
integrity, water proofing, electrical, plumbing, fire ratings or mechanical systems must
first be approved in writing by the Board. In the Board's discretion, the review process
may be delegated to a committee appointed by the Board, subject to final approval in
writing by the Board.

This seems to clearly settle the matter, but I got the idea I might have the right to at least improve my crawlspace from an earlier posting:

MichaelB32 3/17/2017:
" The update to Civid Code 4775 (http://www.davis-stirling.com/Main-Index/Statutes/Civil-Code-4775) that took effect on January 1, 2017, transfers ownership of “exclusive user common areas (EUCA)” from the HOA to the homeowner. I have a dilemma as to what the Architectural Committee can approve and what authority we can use when asking the homeowner to “return the unit to its original condition” when remodeling the the former EUCA.” The rest of the post implies that the homeowner has considerable control over the attic.

TimB4: It's a condominium. The board was concerned about noise and aesthetics, wrote the bylaws with these in mind. This would resolve both, so I thought they would like the idea. My crawl space opens up on one side, so it's easy to put the blower and ducts (so blower is not visible in my living room).

Looks like the Condenser will be a problem (heats up the floor). I'm hoping there's some solution. The alternative is to put the condenser in my patio, but then there will be noise to a busy walkway, so the board would not approve that either.

MelissaP1: I have a Mini Split, but the blower is ducted (mounted behind a vent in the floor or ceiling instead of against the wall or ceiling). Found out later that I could have put a blower in my heating system, but there was still the issue of where to put the condenser, and it was a much more expensive to install.

SheliaH: Oops, the previous entry (from the "Repair/Maintenance Matrix Table") is:

All other plumbing lines and electrical line outside building footprint Association.
(None of the others seem relevant, but I can post them).

AugustinD: There is no definition of footprint or crawlspace in the CC&R's. There is one unit above mine. They would have no way to install HVAC (and comply) other than to use the crawlspace, which I would agree to.

It's getting hot, so many of us would like to have air conditioning, but the board doesn't want to approve them unless they meet criteria that are impossible for us.

Thanks again to each of you!

JerryB13

Jerry

Are you saying that your units do not presently have AC? That aside, as you are in a "multi unit" building, changes have to be very, very tightly looked at as as in how do they effect other units? While not an AC expert, an AC system needs a "compressor" which is the noisy box that typically sits outside and you are saying it must be on your patio which you admit could be a noise issue for others in your building.

My initial blush is as your building (structurally or noise wise) was not designed for such a system, you will not be allowed to do as you wish.

I still do not see a problem with their standards. Only problem I see is you want a but not allowed because of your situation.

My old house here in Alabama built in the 70's did not have central air. Had a whole house fan. It was built for cross ventilation. Someone added it later in life for central. It never did work that well.

Overall the HOA has reasons. You do not like them. I use fans all the time. They work well. They can cool you off a few degrees. I live in much more extreme heat than you do. We still use fans.

The issue is moisture and heat with the condenser. That is what it does. It vent the heat/moisture to evacauate it outside. This will mean your floors will eventually rot out from the heat/moisture it creates under the crawlspace.

It used to be a practice to put insulation under your flooring if you had a crawlspace. Guess what happens over time? The floor gets rotted from the inside out. That insulation holds the moisture against your flooring/plywood to rot it out. It is why it is no longer installed in houses with crawlspaces unless maybe that spray foam if no gaps.

You may ask for a window unit. However. they do leak water out. Which could be a problem with foundation or below neighbors.

FYI: Our HOA had a basketball goal at one house. It was great. However, one day the neighbor across the street complained and wanted their own. They wanted to set it up at a blind corner that could not see around. This could have killed or injured kids playing. Plus the ball could have gone into a deep ditch. It was NOT safe. So because a basketball goal worked in one location does not mean it works in ALL.

Thanks to all of you for your advice and insight. Especially the possibility of a heat pump, which I did know about. Still, it looks like I have little chance without board approval, unless somehow being within the footprint and hence under my maintenance and repair responsibility means the architectural control codes don't apply there. Since it is EUCA, I would be surprised if that's the case. So I will see if I can talk them and other members about the advantages and disadvantages and hopefully change their minds.

Jerry

Jerry, I wouldn't take advice form here a bout what might work in your condo unit with your CC&Rs & ARC Controls. You must wok with your Board and must get their rulings in writing.

Jerry, your HOA does have control over what alteration your make to your "separate interest," i.e. your Unit. It's clear in your CC&Rs. The board or a committee they might appoint in your case must give reason for turning down your request.