Window unit air conditioners

Drafting rules/regs for our small (19 unit) townhome association.

Do any of you have anything in your docs (any of them) with language about window air conditioner units? I'm NOT looking to BAN them... Our units use electric/baseboard heating, and no one has central air. Human decency (in my opinion) forces our association to allow them.

Fine...but sometimes they're not "installed" properly. Most owners who have one, remove it for the winter, so it's kind of a temporary structure.

Any language about how to "finish" a temporary/seasonal install like this? I just don't want to see particle board and cardboard... All units face the street, and most owners who have a window unit air conditioner have it in the family/living room (facing the street).

I'm just looking for language on how to minimally limit this. Thanks!

Our windows slide side to side, not up and down. They put the window unit in during the summer, and block the open area in the window with particle board or cardboard. Then, in the winter, they take it out and put the window back in.

Does that make sense?

No, our docs say NOTHING about window air conditioner units. So, if the docs say nothing about this particular issue, are you saying the BOD would or would not have authority to establish a rule?

I have my CC&R right here. I have an article on Architectural Control. Would it be here? I also have an article on Use Restrictions, could it be there?

The provision on BOD authority to make/enforce rules...completely...I'm thinking Article VII, Section 1, Provision A is all I need to know...I don't know...maybe there's no BOD authority to tell an owner what he/she can or can't do with the unit...

From my Bylaws:
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. Powers The Board of Directors shall have power to:

(a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guest thereon, and to establish penalties for the infraction thereof;
(b) Suspend the voting rights of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed 60 days for infraction of published rules and regulations;
(c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-laws, the Articles of Incorporation or the Declaration;
(d) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.

Section 2. Duties It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-third (1/3) of the Class A members who are entitled to vote;
(b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; and
(2) Send written notice of each assessment to every Owner subject thereto at least thrity (30) days in advance of each annual assessment period; and
(3) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
(d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) Procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
(g) Cause the Common Area to be maintained.
(h) Cause the exterior of the residences to be maintained.

That's the Article (from Bylaws) I can find that deals with the BOD's authority to make rules. There's NOTHING in my CCR about BOD authority to make rules.

Hmmm. But could the HOA make the argument that when something is placed through the window, so it is a "limited common area?" Like a porch, or controlling the outside walls.
I know the language differ in different by-laws. Our bylaws are so long and seem to cover everything. This condo started out in the 70s with through the wall window units and baseboards. Now, we still have the same through the wall cooling system, but people have replaced them over the years with window type units which are alot cheaper.I'll bet not 25% of the replacement air conditioners are actually meant for the through the wall type. This is not covered in our bylaws so people put pretty much whatever they want replacement units in and the HOA board has never said anything about using window type in the walls openings.
Robert in Nashville

Tracie - I think the Architectural Control portion covers the Board's ability to require application for this situation, since the cardboard and/or particle board represents an "exterior change" - what previously was glass (from the window) is now solid.

Tracie what do you want the hole filled with? Is particle board OK as long as it's painted a certain color? If your townhomes are vinyl clad you might consider covering the wood with as close of a color match to the building as you can find. The HOA could spring for a box of siding and make it a community project to cover the wood. I'm sure most homeowners use the same wood year after year so you would only have to do it once.