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  1. #1
    toto925 is offline Junior Member
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    Unhappy Pellet Stove Discrimination

    What is the name of your state? Connecticut

    The board of my condo association recently refused my request to install a pellet stove, saying that they were trying to prevent the use of ‘more’ pellet stoves. The two units on one side of me and the adjacent unit on the other side both already have pellet stoves and many other units too.
    The adjacent unit is presently on the market and they are not being required to remove the pellet stove, so a new owner will even have the use of a pellet stove, when I was refused.


    Because the winter heating bills in CT are high and the original heat in these condos is electric baseboard, the pellet stove would not only save me money, but would also be a selling point and enhance my unit’s attractiveness and market value.

    The by-laws do not have any restrictions for pellet stoves (some units were even originally built with fireplaces!!) and the bylaws have not been changed since they refused my request.

    I feel that the board’s decision is arbitrary and discriminatory. What recourse do I have so that I can make the same ‘improvement’ to my unit that has been afforded to others?

    Cold in CT
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by toto925
    What is the name of your state? Connecticut

    The board of my condo association recently refused my request to install a pellet stove, saying that they were trying to prevent the use of ‘more’ pellet stoves. The two units on one side of me and the adjacent unit on the other side both already have pellet stoves and many other units too.
    The adjacent unit is presently on the market and they are not being required to remove the pellet stove, so a new owner will even have the use of a pellet stove, when I was refused.


    Because the winter heating bills in CT are high and the original heat in these condos is electric baseboard, the pellet stove would not only save me money, but would also be a selling point and enhance my unit’s attractiveness and market value.

    The by-laws do not have any restrictions for pellet stoves (some units were even originally built with fireplaces!!) and the bylaws have not been changed since they refused my request.

    I feel that the board’s decision is arbitrary and discriminatory. What recourse do I have so that I can make the same ‘improvement’ to my unit that has been afforded to others?

    Cold in CT
    **A: on what legal basis from the CC&R's or other legal evidence did they cite as the denial?
  3. #3
    toto925 is offline Junior Member
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    Pellet

    They cited no legal evidence or basis, just a desire not to have 'more' pellet stoves.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by toto925
    They cited no legal evidence or basis, just a desire not to have 'more' pellet stoves.
    **A: then tell them to put it in their pellet stove and smoke it.
  5. #5
    HUD-1 is offline Member
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    Perhaps you were asking permission because you need to alter common elements to vent the stove?? If not, and the installation meets code, then HG is right on. Check with your Town/City Hall to see if a permit and inspection after installation are required.
  6. #6
    seniorjudge Guest
    Quote Originally Posted by HUD-1
    Perhaps you were asking permission because you need to alter common elements to vent the stove?? If not, and the installation meets code, then HG is right on. Check with your Town/City Hall to see if a permit and inspection after installation are required.
    And if you install a metal-lined flue, you are asking for a fire.
  7. #7
    toto925 is offline Junior Member
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    Pellet Stove installation

    Thanks for all your help and advice

    Yes - The only permission actually required from the condo board is to vent the stove through the exterior wall of the building. My vent pipe will exit the building about two feet away from the neighbor's pellet stove vent pipe.

    I've decicded to go ahead with the installation. It will be professionally installed by the local company selling the stove (thimble and insulated vent pipe, etc). I've applied for the proper town permit and will have it inspected by the town when complete. After all, this is a multi-family structure and I want to be responsible such that everything is legal, to code and safe.
    Last edited by toto925; 02-23-2005 at 08:16 AM. Reason: Addition
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by toto925
    Thanks for all your help and advice

    Yes - The only permission actually required from the condo board is to vent the stove through the exterior wall of the building. My vent pipe will exit the building about two feet away from the neighbor's pellet stove vent pipe.

    I've decicded to go ahead with the installation. It will be professionally installed by the local company selling the stove (thimble and insulated vent pipe, etc). I've applied for the proper town permit and will have it inspected by the town when complete. After all, this is a multi-family structure and I want to be responsible such that everything is legal, to code and safe.

    **A: finally the truth......
  9. #9
    toto925 is offline Junior Member
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    Still being Pelleted

    Connecticut

    Well, I've installed my stove and now the 'association' tells me they are fining me $25/day until repiars are made to return the building exterior (where I installed the stove vent) to it's original condition.

    I am presently appealing the board's decision and will seek legal action if required to obtain the same rights as the other 13 units (out of 70) that already have stoves.

    Question: How binding are these 'fines' levied by the association? If the decision is overturned, will the fine be eliminated because the decision was unfair? How can I tell if this level of fine is unfairly punitive?

    Since there is such an irate reaction by the association, I'm trying to figure out if I should comply and disconnect the stove while I fight my battle or continue to the bitter end?

    Any thoughts? Thanks
  10. #10
    seniorjudge Guest
    Q: Well, I've installed my stove

    A: If you have a metal flue, I hope you have lots of fire insurance and have stored all your irreplacable items in fireproof storage.


    Q: How binding are these 'fines' levied by the association?

    A: They will probably file them in the land deed records which means you cannot sell or refinance till they are paid.


    Q: If the decision is overturned, will the fine be eliminated because the decision was unfair? How can I tell if this level of fine is unfairly punitive?

    A: If you win the court should answer these questions in its judgment.


    Q: Since there is such an irate reaction by the association, I'm trying to figure out if I should comply and disconnect the stove while I fight my battle or continue to the bitter end?

    A: Your choice.
  11. #11
    HUD-1 is offline Member
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    I would opt to minimize the fines by restoring it and then fight it. I don't know how they think they can get away with selective enforcement of this so called rule. I think you have a good case. You could propose the creation of an actual rule in the bylaws and grandfather in the existing stoves (including yours) then put it to a vote of the association. If it fails, they have no basis to bother anyone in the future. If it passes, you are all set, but future requests would be denied.

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