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condo responsibilities for costs of moving an owner's ac to repair the roof

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L

LOWDEN129

Guest
i am president of a small condominium in florida. the owner of the penthouse placed his air conditioning unit on the roof. it needed to be removed and replaced to repair the roof. is the cost of moving the ac the rresponsibility of the owner or the association.

also he has an awning over his persdonal patio - a limited common element. the association does not feel the awning adds anything to the building and does not wish to install a new one. however, this unit owner demands that it be replaced and paid for by the association. is he correct?
 


Cvillecpm

Senior Member
Moving the HVAC unit should have been included in roofer's bid. It is not the unit owner's responsibility.

Unless you are architectural review process for items such as awning, you are probably SOL depending on your governing documents. Establish an Architectural Review committee - even ad hoc - and have a process in place for review and approval of such additions.

An excellent HOA resource is Richard Thompson's website....www.regenesis.net.

Good luck.
 

JETX

Senior Member
Contrary to landlord Cvillecpm, I respond:

Q1) "the owner of the penthouse placed his air conditioning unit on the roof. it needed to be removed and replaced to repair the roof. is the cost of moving the ac the rresponsibility of the owner or the association."
A1) Was the installation of the AC part of the original construction or approved by any representative of the 'management'??? If part of the original construction, the condominimum is very probably responsible for the cost of relocation. However, if the unit was personally installed without any 'sanction' of the management, then it is his personal property and should be his cost. Or, of course, the management could refuse to allow this 'personal' improvement to the common property.

Q2) "he has an awning over his persdonal patio - a limited common element. the association does not feel the awning adds anything to the building and does not wish to install a new one. however, this unit owner demands that it be replaced and paid for by the association. is he correct?"
A2) Pretty much the same response as in A1. If this is his own personal property added without ANY sanction of the property management, then the cost is his. And again, the property management (through a board or architectural approval process) could deny the 'application' for this personal improvement.
 

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