Hot Tub dispute.

[Mastersigg]

What is the name of your state?What is the name of your state? Missouri

Our condo has a walk out basement with a full concrete slab patio. The condo as originally built was wired for a hot tub. The words "hot tub" / "spa" nor anything that could be construed to be even remotely referencing a hot tub appear no place in our bylaws. We recently purchased an expensive (very nice looking) 3-person thearaputic hot tub. This unit is a self contained portable hot tub. (At no place is it anchored or attached to any structure of the building or concrete pad.) The condo board is taking the stance that this is an un-approved alteration to the structure of the building and we have to remove it.

In the interest of "lets all get along" we have offered to put in any fencing / screening / landscaping / greenery the board deems necessary. However, when meeting with them it was obvious they had predetermined to refuse anything we submitted (and we actually submitted 6 different designs for masking the hot tub). They also made no suggestions / demands other than we have to remove it.

So, my question are:
1) do we have a leg to stand on to fight them on a legal front?
2) if so, how should I proceed?
3) would it be better to go to court, or ask if they will agree to binding arbitration?

Other factors:
1) Even though there has been no budging by the board, everyone has been very civil and polite up to this point. Narry a nasty word has been spoken, nor a voice raised.
2) Everyone on the board is over 50, we are in our mid 30's (no kids).
3) Even tho it was originally wired for a hot tub, we re-wired to make a safer environment by adding a disconnect panel on the outside of the building.
4) Everyone agrees that safety is not a concern, as it has a properly wired disconnect panel and the cover is kept locked.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Missouri

Our condo has a walk out basement with a full concrete slab patio. The condo as originally built was wired for a hot tub. The words "hot tub" / "spa" nor anything that could be construed to be even remotely referencing a hot tub appear no place in our bylaws. We recently purchased an expensive (very nice looking) 3-person thearaputic hot tub. This unit is a self contained portable hot tub. (At no place is it anchored or attached to any structure of the building or concrete pad.) The condo board is taking the stance that this is an un-approved alteration to the structure of the building and we have to remove it.

In the interest of "lets all get along" we have offered to put in any fencing / screening / landscaping / greenery the board deems necessary. However, when meeting with them it was obvious they had predetermined to refuse anything we submitted (and we actually submitted 6 different designs for masking the hot tub). They also made no suggestions / demands other than we have to remove it.

So, my question are:
1) do we have a leg to stand on to fight them on a legal front?
2) if so, how should I proceed?
3) would it be better to go to court, or ask if they will agree to binding arbitration?

Other factors:
1) Even though there has been no budging by the board, everyone has been very civil and polite up to this point. Narry a nasty word has been spoken, nor a voice raised.
2) Everyone on the board is over 50, we are in our mid 30's (no kids).
3) Even tho it was originally wired for a hot tub, we re-wired to make a safer environment by adding a disconnect panel on the outside of the building.
4) Everyone agrees that safety is not a concern, as it has a properly wired disconnect panel and the cover is kept locked.

**A: is the tub in a common area that is accessible to anyone else?

 

[Mastersigg]

The tub is physically located completely on the concrete slab/patio. However there is nothing that would prevent someone from walking accross the common area lawn behind us to get to our patio. (the reason we chose a model that locks)

One of the options we proposed to the board (and they rejected) was for us to screen in, or enclose the patio (there is a deck off our living room directly above the patio that is the same size as the patio.)

Also, as a point of comparison (if it matters), Many other units in our bulding have patio furnature on their patios.

 

[HomeGuru]

The tub is physically located completely on the concrete slab/patio. However there is nothing that would prevent someone from walking accross the common area lawn behind us to get to our patio. (the reason we chose a model that locks)

One of the options we proposed to the board (and they rejected) was for us to screen in, or enclose the patio (there is a deck off our living room directly above the patio that is the same size as the patio.)

Also, as a point of comparison (if it matters), Many other units in our bulding have patio furnature on their patios.

**A: why did you not attempt to get HOA approval prior to installing the hot tub? There is more to this story. What is your history with the HOA and board of directors?

 

[Mastersigg]

Well... we didn't seek their approval as it never occured to either of us that we needed it. The place was already wired for a hot tub, and there wasn't anything in the bylaws that prohibits them. (As I stated above, they aren't even mentioned).

As to the "something more here".. I wish there were, I'll list everything I can think of....

We closed on the unit July 27th 2005, and after remodeling the inside moved in the second half of September.

Hot tub was delivered and installed beginning of December.

The only complaint we had the entire process was when the furnature delivery truck blocked the neighbor's driveway for 5 minutes. (said neighbor is the president of the condo assn.) As soon as he came over and pointed it out, we had them move the truck.

We've never been so much as a single day late with any of the monthly dues.

No parties, loud music or any such either.. we are both pretty much hermits and mind our own business. Besides the Parental family folks, we don't even ever have company over.

Oh yeah.. president/neighbor wasn't even aware that we had installed hot tub till a homeowner on the other side of the complex complained. (literally 200+ yards away, and no direct line of site) We found this out from management company.

The power for the hot tub is coming out of our electrical box, so it isn't like we're trying to freeload off an assn. circuit or anything.

Can't think of anything else...

 

[Mastersigg]

In case anyone is interested, I just thought I'd give a quick update.

I found out why the board has a hard-on for screwing us. Turns out that the president of the board wanted to buy our condo when it was last up for sale (when we bought it) .. He put in a contract the same day we did, but ours was a better offer.

So, the board is gonna do whatever they can do within the letter of the law to make our lives difficult. For example, they are now saying we have to remove the patio furnature that we bought from the previous owners, BBQ grill, and flower pots from our deck. They will also spare no money to fight us forever in court. (hey, it's the association's money, not theirs.)

By the way, next board election, I'll be running for either treasurer or president. (Most Likely I'll loose.. but not much else I can do.)

With regards to the spa.. for now we'll be moving it to our vacation house.

 

[HomeGuru]

In case anyone is interested, I just thought I'd give a quick update.

I found out why the board has a hard-on for screwing us. Turns out that the president of the board wanted to buy our condo when it was last up for sale (when we bought it) .. He put in a contract the same day we did, but ours was a better offer.

So, the board is gonna do whatever they can do within the letter of the law to make our lives difficult. For example, they are now saying we have to remove the patio furnature that we bought from the previous owners, BBQ grill, and flower pots from our deck. They will also spare no money to fight us forever in court. (hey, it's the association's money, not theirs.)

By the way, next board election, I'll be running for either treasurer or president. (Most Likely I'll loose.. but not much else I can do.)

With regards to the spa.. for now we'll be moving it to our vacation house.

**A: get to meet your nieghbors; as many as possible. Then run for a board position.

 

[sepla amarasena]

hot tub issue

I am in california
I had almost the same issue with my Coop. Owners Association presidnt who harassed me.
My attorney said he could and filed lawsuit against the board the details of I do not know yet. He also said I could get damages.