Legal Question in Real Estate Law in Virginia
HOA violation?
I live in a 3 level condo and the 3rd floor gets hot, so I put in a temporary window air conditioner. My home owners association is claiming it is against the rules, I have read the by laws and it does not state I cannot have a window air conditioner unit. When I questioned the property manager, I was told it is not in the by laws. Do I have to remove it? What legal rights do I have? They are not allowing me to use the common area recreation facilites because '' I am in violation of the rules'' how can I be in violation if the rules state nothing about this?
1 Answer from Attorneys
Re: HOA violation?
If "it's not in the by-laws", then your question to the home owners association should be a request for them to state their authority for asking you to remove the window air conditioner
and for their assessment that you are in violation of the rules.