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Located in Oahu, Hawaii. Has to do with AC unit in my condo. Do I need a real estate attorney?
Anonymous5 views2 answers
Installed an AC unit in the front of my home. In the HOA bylaws that we signed, the only thing i could find about air conditioners was that as long as they are not visible, you don't need it pre-approved by the board. I have severe allergies, and although I haven't gotten a written letter from my doctor, I'm sure that I could. Would that help at all? The HOA is Associa Hawaii, and their track record is less than stellar. Everyone seems to not be able to get in touch with a live employee when they need to. The letter they sent me states they inspected on the 6th (although I was home all day and no one came to the door), and they say that if it isn't resolved by _______ we will get fined. They left it blank where there is supposed to be a date by which we should have it removed/approved.
David Robert Squeri IIILitigation LawyerHonolulu, HI ·
There are two things you might consider: 1) get a written noted from your doctor stating that you need the air conditioner as a reasonable accommodation for medical treatment/disability (no need to tell them the details of your ailment) and submit it to the AOAO; and 2) write the association requesting clarification regarding the issues, within the letter cite the relevant sections of the HOA bylaws and request a written response.
In addition, wherever possible, it is probably best to do all your communications with the AOAO in writing (email should be fine). In the event of any verbal conversations, to document what was discussed, you may want to consider sending a confirming email outlining the contents of your conversation, and ask them to inform you if anything within your email differs from what they intended to convey. Hope this helps – Good Luck.
Mark F. GallagherPersonal Injury LawyerKailua, HI ·
If you are not able to resolve the situation with the good advice already provided by Mr. Squeri and you need to hire an attorney, you should consider hiring a lawyer who practices condominium law and who usually represents homeowners rather than associations.
