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My A/c unit is located behind my neighbors condo in a gated area. NO one informed me of this situation. NOT until it had to be serviced. I have read my CCR’s inside and out. This was confirmed to be a “Limited common area”, I may access the unit when necessary. My neighbor has locked the gate now on 2 occasions, films me when attempting to service my A/C. Taunts, harrasses, calls the cops relentlessly . And now I have a written threat that If i try to access my A/C again, ” THE TRIGGER WILL BE PULLED”. I informed the HOA of the situation, ( Community Manager) ,who is the liaison between the homeowners and the actual board, Immediately I was told that it was out of there scope and I needed to call law enforcement. I requested that the unit be moved to safer location, After 3 weeks or so I was denied. Does the “limited Common area” mean the same for every HOA? Or can HOA’s amend or customize this term? If im in fear with the current location of my A/C, and we are past the point if mediation, what is my next course of action?
Dec 23, 2020
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

The responsibility for access, maintenance, and repair of an A/C is outlined in the governing document of the association, most likely in the Declaration of Covenants. If the A/C unit is a Limited Common Element it is the responsibility of the unit owner, and therefore the unit owner should be allowed access to the A/C unit. If the unit is on the neighbor's property, The owner needs to either have it moved (with the HOA' written permission), or make arrangements with the neighbor when they need to access the A/C. If the neighbor refuses, the HOA board has the duty to enforce the covenants against all members. If the board refuses, they may need to be voted out and replaced with board members willing to enforce the covenants. A demand letter may help teach or remind the board of its duty to enforce the covenants.

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