California Condo and Vents

Started by BeverleyC • 8 replies • 237 views

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BeverleyC (California)
Posts: 3

Posted:

Our CCR's require any changes to the exterior walls to be pre approved by the HOA

We have new neighbors that are remodelling and have inserted two vents- one for a dryer and one for a cooker- less than 3 feet from my window and 3 feet from my other neighbors patio.

Are they allowed to do this? They are quoting that they have a building permit to do this and therefore they don't need permission?

ElleN (Idaho)
Posts: 4,420

Posted:

BeverleyC, please be aware that CC&Rs are viewed as contractual terms (equitable servitudes yada). If the CC&Rs say the HOA must approve changes to the exterior walls, and your new neighbors did not receive the HOA's approval, then the neighbors are in violation of the covenants.

The new neighbors are completely wrong about the building permit (issued by the city or county) satisfying the CC&R requirement.

I advise you to submit a formal, written complaint to the HOA, specifying the covenant and the effects of the covenant violation on your home, and requesting that the board enforce the covenant. Be just the facts, without any emotion or extraneous comment.

BeverleyC (California)
Posts: 3

Posted:

Thanks for this- appreciate it

KerryL1 (California)
Posts: 14,550

Posted:

For all who read this: If HOAs require architectural approval from the HOA, that's it! A building permit from a municipality is not adequate.

I suggest Beverley and her neighbor--assuming both are owners take photos of these vents and make sure they get to the board of directors, perhaps c/o the property manager. In condos' CC&Rs and Architectural Guidelines (I'm in one too), no exterior wall, which by definition are common area or exclusive use common area, may ne penetrated without ARC approval. None has ever been approved in my 200-unit multi story HOA.

I'd do this right away and request that the Board call the violators to an immediate disciplinary hearing ASAP because I think it's possible that the emissions from these vents are not good for your health, Beverley, and may even be dangerous.

I'll note that the interior wall penetration they had done at the other end of the vents also opposes your Arch.. guidelines as wall penetration always must obtain ARC approvals.You might want to read that part of your CC&rs and your Arch. Gdilines or Rules.

I'm curious to know if you or your neighbors did not hear the wall penetrations work and inquire about the noise to management? Not "blaming the victims" at all, just wondering how they got away with it!

BeverleyC (California)
Posts: 3

Posted:

Thanks Kerry. It has been an awful couple of months- we are only a 6 unit HOA and the noise has been incessant from all areas. I also am away at work most of the week when I saw this appeared outside my window

KerryL1 (California)
Posts: 14,550

Posted:

So you'll need to contact your Board (of 3?) directly. You might need to cite th parts of your CC&Rs about the prohibited wall penetration. And slo you ARCh Rules. It's possible the Board members aren't aware of the prohibitions.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Typically 3 feet minimum is code. So its possible they are in violation of city/town code and a written complaint to the code enforcement officer would help get things moving. Yes, they can have a building permit to remodel, but they can't break the building code without repercussions.

As others have said, check with the HOA. Maybe it was never approved and is bothering you and your neighbors and therefore needs to be removed.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I'm curious to know if you or your neighbors did not hear the wall penetrations work and inquire about the noise to management? Not "blaming the victims" at all, just wondering how they got away with it!

I drilled a hole once for a wall vent, only took 60 seconds.

KerryL1 (California)
Posts: 14,550

Posted:

Steve, the vent lines that blow in BeverleyC & her neighbor's faces run from somewhere way inside the Unit to the exterior. There are two of these. There is also an interior wall penetration and an exterior wall penetration. These normally are not permitted in condos.

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