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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37697
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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An owner recently had central air conditioning installed in

Customer Question

An owner recently had central air conditioning installed in his condo. The members were never notified of the request for this installation. I spoke to 1 of the 3 board members (the owner is also 1 of the 3 Board members)and she told me that she did not know the installation was going to infringe on the common area. The common area now has wiring, drains and other things unknown to me installed on the outside of our building. I am trying to find out exactly what was done to the common area to see if it was approved or not. I have no interest in what was done inside of the unit. The property management company is refusing to give me this information (I am an owner / member of the HOA). I'm not sure what my rights are in regards ***** ***** this information but I feel that as an owner it should be something that should be shared with all owners. I don't know where to go from here.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon Evelyn,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Unfortunately, being a member/owner in a condo association does not give anyone the right to learn all of the specifics of the day to day operation of the association. The association board members are tasked with the operation of the association and they alone have full access to the information regarding the installation of central air in another member's unit. Any issue created by the unit owner related to the installation of the system and its impact on the common area of the association is a matter solely between the board and the unit owner.While it certainly would not be illegal for a board member to share information with you about the installation and impact on the common area, there is no legal obligation for them to do so. Your only legal redress you have, if you believe the board has somehow violated the By-Laws of the association would be to sue the Association directly. During the Discovery phase of such a lawsuit, you would be able to force the association to provide you with the information that you are seeking. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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