Mastersigg
Junior Member
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.
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.