Legal Question in Landlord & Tenant Law in California

I rent my home and recently my landlord received a violation letter from the Neighborhood Home Assoc. for an AC unit in our office window. My 5yr old son is sensitive to heat and my mother who is nearly 60yrs old takes care of him for more than 3 days out of the week. If I have to remove this unit my family will suffer for it. We cannot relocate it to any other windows because of the method of closure. The AC requires a window that slides vertically and since we have had two attempts of burglary, one of which was successful, I will not leave my home open to further assault by placing the AC unit in an unsecured location. I can get a physician's statement towards my son's condition and my mother's health to substantiate this claim. The AC has been in the window for two years and we have seen others with units in windows as well. I have yet to hear the NHA's response on this issue but if they respond negatively which I believe they will what can I do against them?


Asked on 7/31/10, 10:19 pm

1 Answer from Attorneys
Aimee Morris

Review your lease to see if you are required to honor the CC&R's and/or the Rules and Regulations of the Neighborhood Home Associaiton. I suspect that as part of your lease, you agreed to follow some rules and regulations of the Association.

If you are required to adhere to the CC&Rs;and/or Rules and Regulations, you need to obtain a copy of such CC&R's and/or Rules and Regulations and review what these documents require of the occupants of the property. If the CC&R's and Rules and Regulations are up for interpretation, I would politely and courteously ask to attend the next Home Association meeting and explain your situation, your child's medical issues. If after you attend the meeting, you are required to remove the window unit, I would go to the big Home store and buy a free standing unit that sits in the middle of your room instead of in your window.

As a tenant, you may have no rights to attend the homeowner's meetings, thus, the reason you should be extra polite and courteous. In homeowner association matters, if the rule is up to interpretation, once you explain the situation face-to-face, the board may allow it with some conditions.

The Rules of my homeowners' association are very clear that air conditioners are not permitted in any of the windows. Any air conditioning units must be placed in the back yard on the ground below the fenceline so that the units are not seen from the street. In short, you need to review the lease to see what documents by which you are bound, then review those other documents.

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Answered on 8/06/10, 2:41 pm


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