Bbq Grill

[cameron113]

What is the name of your state? VA

I live in a ground floor condo in Alexandria, VA. It is a new building, so the builder is the HOA and has not turned it over to the home owners.

Before I purchased my condo, the sales associate told me that I would be permitted to use a BBQ grill on my patio. (I have proof of this from an e-mail that I received from her.) This was one of the main reasons why I chose this unit. I didn't think that it would be an issue since the building also has (2) BBQ grills that other owners can use as long as they pull them into the middle of the interior courtyard.

We just recently discovered that the bylaws for the condo prohibit the use of open flame grills. (In other words the condo HOA is in violation of their own rules). Now the condo association is going to amend their bylaws to state that the only BBQ grills permitted will be the (2) owned by the HOA... and they are telling me that I have to remove my grill from the property.

Important to note that the Fire Inspector came by for a recent visit (3/19/08), he stated that the corner patio units (which my condo is) WOULD be permitted to use BBQ grills since they are in compliance with the state's fire code (at least 10 ft from the building). The building manager has been trying to help me fight this but she is being told that the HOA is unwilling to adjust the bylaws to include the corner units. The HOA has informed her that it is "unfair" to the other units who do not have a patio that is in compliance with the state's fire code. She does not have a problem with my possession of a BBQ grill and believes that the HOA should buy me a new electric grill if the are going to make me remove my grill since (1) I purchased this specific unit believing that I would be able to use a BBQ grill and (2) I had an agreement in writing from the sales associate. The HOA responded by saying that the sale associate should be the one to purchase me a new grill since she made the agreement.

Question (1) - Should the HOA honor the agreement that I had with their sales associate?

Question (2) - They are telling me that I have to remove my BBQ grill because it would not be "fair" for the rest of the home owners. I am in compliance with the state's law and the grill is on my patio so how is this fair to me?

Question (3) - Do I have any options to appeal their decision? If so, what actions should I take? I would not prefer it, but do I have the option to take any legal action against them? On what grounds?

[BaronR]

Question (1) - Should the HOA honor the agreement that I had with their sales associate?

No - Sounds to me like the sales associate was in error in telling you otherwise. in any case the sales associate is not an official of the association and probably cant speak for the association.

Question (2) - They are telling me that I have to remove my BBQ grill because it would not be "fair" for the rest of the home owners. I am in compliance with the state's law and the grill is on my patio so how is this fair to me?

Your by-laws trump the fire code in this instance.just because the fire code permits it, doesnt mean the HOA must.

Question (3) - Do I have any options to appeal their decision? If so, what actions should I take? I would not prefer it, but do I have the option to take any legal action against them? On what grounds?

You can appeal to the board, in an effort to have the rules and regs, by-laws - etc. changed to permit use of a bar-b-que. There is no legal grounds upon which you can take action though IMO.

when you wrote: We just recently discovered that the bylaws for the condo prohibit the use of open flame grills. it leads me to ask one question...

Were you not given a copy of the rules-regs, by-laws and CC&R's prior to purchasing the unit? if so you would have read that and then could have queried the HOA regarding it, in any case, while I agree the sale associate should know the rules of the complex they are selling for, anything a sales associate claims that is in direct conflict with the association rules should probably be highly discounted.