Lease terms versus HOA CC&Rs?

[rgesner]

I leased a condo from a property management company, with a signed 12 month lease. The fine print said I could not "install anything ... in the windows without the prior written consent of Owner/Agent." I emailed the property manager and received an email granting me permission to install a window air conditioner three weeks ago. Today I received an email from a different person at the property management company saying that they "received a call from ... (The HOA ...) and an air conditioner in the window is not permissible. Unfortunately, they would like you to promptly remove the unit."

After I signed the lease, they left a book on my doorstep that contained 1/2 the HOA CC&Rs (every 2nd page was missing, aparently including any page referring to windows or ACs). However there is nothing in the lease or addenda that refers to the HOA or CC&Rs.

In my view, I have no legal obligation to the HOA and I have abided by the terms of the lease.

Can they force me to remove the AC? Can they enter my unit and take it (the HOA CC&R says they can enter to remove violations), or would that constitute breaking and entering and theft and if they do can I seek damages. What are my obligations, recourses, risks and liabilities? Can they evict me, and if they do can I get damages to cover the cost and nuisance of moving and possibly the higher cost of a suitably equivalent place?

 

[presutin]

If you need a copy of the bylaws, ask the property management company you are renting from to send you them. Here is the thing - when someone buys property and the subdivision where the property is located is governed by an HOA, regardless of who lives in the house/townhome/condo (owner or renter) the property is subject to the HOA bylaws so, as you can see, you, as the renter, are obligated to abide by those rules. If they are asking you to remove the air conditioner unit, you must tend to their request. Failure to do so will probably cost you a fine, and, yes, they can come over and take the unit out of your window. Finally, if you don't tend to their request, they can initiate an eviction process and, no, you will not have a legal case. Hope this helps!